STATE OF MEGHALAYA Vs. NILOTPAL BHATTACHARJEE

JUDGEMENT

(1.) Heard learned counsel for parties and perused the records.

(2.) Brief facts of the case leading to the filing of this writ appeal is that the respondent being a Diploma Holder (Civil Engineer) of 3(three) years course from Shillong Polytechnic was initially appointed as Work Charged Overseer Grade -III by the Chief Engineer (PWD) with effect from 1st August 1988. Thereafter, he was engaged tempo -rarily as Work Charged Sub -Engineer Grade -I vide order dated 09.12.1988 by the Chief Engineer, PWD (R & B) at Baghmara Division. Subsequently, the respondent also passed professional examination in Civil Engineering and Accounts held on 22nd October 2005 under the supervision of the PWD (R & B) Department, Shillong vide notification No. PW/Admn -28/97/226 dated 17.03.2006.

(3.) In the year 2007 the MPSC issued an advertisement for recruitment of Junior Engineers (Civil) and vide the letter No. MPSC/D -32/1/2005 -06/61 dated 1st August 2007, the respondent was also called for interview by the MPSC, but he failed to clear the interview, and thus, was not selected. The gradation list of Junior Engineers (Civil and mechanical) dated 1st August 2007 was released. As per gradation list, most of the Work Charged Junior Engineers (Civil) were regularized, duly confirmed and included in the Cadre of Junior Engineers. However, the name of respondent/writ petitioner did not find mention in the list. Thus, he filed WP(C) No. 50(SH) 2008 before the Gauhati High Court, Shillong Bench, for redressal of his grievances. The High Court vide order dated 28.03.2008 directed the writ appellant/State to consider the representation which the petitioner was granted liberty to submit. Thus, the represen -tations were submitted to the Chief Engineer, PWD (Roads), Shillong and to the State which were considered and after detailed discussion vide the order dated 14.08.2009 rejected by the Chief Engineer, PWD (Roads). Thereafter, vide memo No. PW/Admn/37/2008/115 dated 10.11.2009 the respondent/writ petitioner was transferred as Work Charged Junior Engineer in the National Highway Bye Pass Division, Shillong. The respondent/petitioner then submitted a representation dated 26.05.2010 to the Principal Secretary, PWD (R & B), Meghalaya, Shillong, for regularization in service. Pursuant thereto the Administrative Officer PWD, (Roads) vide the letter dated 22.06.2010 forwarded a copy of the letter of Executive Engineer, PWD (Roads), N.H. Shillong Bye Pass Division dated 19.05.2010 to the Under Secretary PWD (R & B), Admn. Shillong for issuance of necessary instruction relating to regula -rization of services of the respondent/writ petitioner. The respondent/writ petitioner also submitted another representation dated 02.07.2010 to the Chief Secretary, Government of Meghalaya and the Principal Secretary, PWD (R & B), Meghalaya for regularization of his service.