MITHU B. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) These two appeals are directed against a common judgment and order of August 14, 2023 passed on two sets of petitions under Article 226 of the Constitution.

(2.) The grievance carried by both sets of petitioners - the appellants herein - was two-fold. They claimed that by virtue of their long service, albeit as temporary peons in the Meghalaya (Civil) Secretariat, Shillong, Serial Nos.01 and 02 Supplementary List they were entitled to be regularised under the Service Rules, 1986 rather than be considered under the Regular Casual Workers Scheme, 1996. The second limb of complaint was that the appellants herein had been exploited by the State in the sense that the appellants were required to do all duties as regular peons but were discriminated against and were not afforded either equal pay or equal benefits though doing the same work.

(3.) Pursuant to an advertisement issued on January 20, 2012, seeking applications for temporary engagement as peons in the Meghalaya (Civil) Secretariat on payment of daily wages at rates fixed by the State government under the Minimum Wages Act from time to time for unskilled labour, the appellants applied. It is the case of the appellants that a proper examination was held following which the successful candidates were called for interviews. The appellants seek to establish that a thorough recruitment exercise, as in the usual course under the service rules, was conducted before the selection process to the temporary post was completed and no appointment was given without obtaining a police verification report.