SALGIRA R. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The instant writ proceeding is a second round of litigation, wherein the petitioner is before this Court. In the earlier round vide WP(C) No.382/2019, the petitioner had challenged two notifications bearing No. SG.12/97/169 and SG.12/97/170 both dtd. 8/8/2019, whereby the State respondents had created a post of Officer on Special Duty (OSD), personal to the petitioner in the Administrative Department of the Printing and Stationery Department. This Court by judgment and order dtd. 17/9/2020, allowed the writ petition and quashed the impugned orders as being unsustainable in law. The State respondents thereafter, preferred a Writ Appeal being W.A No. 20/2020, which was however disposed of on withdrawal on the ground that two fresh notifications both dtd. 9/11/2020, had been issued, one, whereby a post of OSD was shown to have been created in the Administrative Department and by the second, the petitioner stood transferred from the post of Director, Printing and Stationery Department to the post of OSD (Technical) in the Administrative Department of Printing and Stationery. The said two notifications dtd. 9/11/2020, have now been impugned by way of this writ petition.

(2.) It has been contended by the petitioner that the impugned notifications both dtd. 9/11/2020, amount to an overreach/or sitting in appeal over the earlier judgment dtd. 17/9/2020 passed in WP(C) No. 382/2019, inasmuch as, these notifications had been issued in partial modification and in continuation of the earlier notifications dtd. 8/8/2019, which had been set aside and quashed by this Court. On this count alone, it has been submitted that the notifications presently under challenge are liable to be set aside and quashed.

(3.) Apart from the above noted main ground of challenge, Mr. U.K. Nair, learned senior counsel for the petitioner submits that the impugned notifications creating a post of OSD (Technical) in the Senior Grade of the Printing and Stationery (Technical Grade), is untenable as the Senior Grade is a cadre in itself and as per Rule 4(2) of the Printing and Stationery (Technical) Service Rules, each post forms an independent cadre and movement from one cadre to another must be in accordance with rules. It is also submitted that Rule 7 of the rules which provides for the method of recruitment and the manner in which posts in different cadres are to be filled up, does not permit or provide for such appointment, that is of OSD (Technical) in the Senior Grade.