NILOTPAL BHATTACHARJEE, JUNIOR ENGINEER Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This instant writ petition is directed against the denial for regularization of service of the petitioner.

(2.) The petitioner's case in nut shell is that, "the petitioner is a Diploma holder (Civil Engineering) of three years course from Shillong Polytechnic and was initially appointed as Work Charged Overseer Grade III by the Chief Engineer (PWD) w.e.f 1.08.88 and thereafter as Work Charged Overseer Grade I vide order dated 9.12.88 and was posted at Baghmara Division (Annexure V). Thereafter, the petitioner passed the Departmental Examination in Civil Engineering and Accounts vide Notification dated 17.3.06 (Annexure VI). In the year 2007, the MPSC advertised for recruitment of regular Junior Engineers, the petitioner applied for, appeared and passed in the screening test conducted by the M.P.S.C and he was called by the Commission for interview but the Commission was not inclined to select him as he has already served for 19 years and he would be loser in respect of seniority etc. in case of his fresh selection as Junior Engineer Grade I, as such, the Department should be moved for regularization which was not done till today. Finding no other alternative, the petitioner approached the Hon'ble High Court, Shillong Bench vide Writ Petition vide WP(C) 50 [SH] of 2008 for redressal of his grievances. The Hon'ble High Court directed the respondents vide order dated 28.03.08 (Annexure XI) to consider the fresh representation to be submitted by the petitioner within two weeks and on the receipt of the same the respondents should dispose of within two months from the date of receipt by a speaking order. Accordingly, the petitioner submitted fresh representation dated 7.04.08 (Annexure XI-A). The Chief Engineer vide his letter dated 14.08.09 disposed of the representation of the petitioner in compliance with High Court's Order stating that :

(3.) Mr. M Chanda, the learned counsel appeared for on behalf of the petitioner submitted that the petitioner has joined service since 1.08.88 as Work Charged and continued in service till date. The learned counsel further contended that in spite of long service rendered by the petitioner, his service has not been regularized till date. On earlier occasion, the petitioner has approached this Court praying for regularization of his service and the then erstwhile Guahati High Court has directed the petitioner to submit a representation to the respondent for redressal of his grievances. However, his representation was rejected on the ground that he has not been qualified in the Examination conducted by MPSC, thereafter, the petitioner again in the year 2010 appeared in the MPSC Examination and his name was placed at Sl. No. 76 of the successful candidates.