DARITIMAI LYNGDOH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The grievance of the writ petitioner centres around the fact that after being promoted from Typist Grade-III by way of seniority to the post of LDA on 10/12/2020, by the order dtd. 2/7/2021, which is impugned herein, was reverted back to the post of Typist Grade-III. It is contended by the writ petitioner that the reversion is illegal, inasmuch as, per The Meghalaya Directorate Establishment (Ministerial) Service Rules, 2010 as amended, the petitioner's services falls under Rule 11 (1) which is Typist (Grade-III) and for promotion to Grade-II, one would have to pass a Speed Test, conducted by the Meghalaya Public Service Commission. This contention has been made to advance the argument that as the petitioner was still in Grade-III, the stand of the respondents that she had opted for Grade Cadre by sitting in the Speed Test, which has disentitled her for normal promotion, is misplaced.

(2.) Mr. E. Nongbri, learned counsel for the petitioner submits that no where has it been shown by the respondents that participation in the Speed Test for promotion to Grade-II, would disentitle the petitioner for consideration for normal promotion to LDA, and as the petitioner was not successful in the Speed Test, she remained in Grade-III. It is also argued by the counsel that it is on this consideration that promotion was accorded to the petitioner and the reversion based on the Office Memorandum 16/3/2006, which is not clear on these terms cannot be taken as a ground for reversion.

(3.) Mr. B. Bhattacharjee, learned AAG assisted by Ms. I. Lyngwa, leaned GA for the State respondents submits that the petitioner is estopped from assailing the impugned order, inasmuch as, the very fact the petitioner had opted for the Speed Test would indicate her consent to be placed in the Grade system. He further submits that it is only due to the fact the Office Memorandum dtd. 16/3/2006 had been overlooked in this aspect that promotion was granted, which was however later corrected by the impugned order on the basis of the proceedings of second Departmental Promotion Committee.