SUNITY NONGBRI Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) HEARD Mr. H.S. Thangkhiew, learned Sr. counsel, assisted by Mr. P.N. Nongbri, learned counsel appearing for the petitioner and also Mr. S. Sen Gupta, learned GA appearing for the respondents No. 1 to 4. None appear for the private respondents No. 5 to 12. However, this Court has given anxious consideration of mind to the affidavit -in -opposition filed by the private respondents.

(2.) THE concise fact of the case leading to filing of this writ petition is recapitulated. The Governor of Meghalaya in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India was pleased to make the Rules i.e. "The Meghalaya Secretariat (Gazetted) Stenographers Service Rules, 2011" (for short MSS Service Rules, 2011). The MSS Service Rules, 2011 was notified vide Notification No. PER.52/97/147, dated Shillong the 15 -02 -2011. Rule 6(2)(a) of the MSS Service Rules, 2011, clearly provides the mode of procedure for promotion to the post of Stenographer Grade I. For easy reference Rule 6 read as follows:

(3.) MR . H.S. Thangkhiew, learned Sr. counsel appearing for the petitioner contended that rule is made for compliance and not for violation. He also reiterated that under Rule 6(2)(a) of the MSS Service Rules, 2011, only the Stenographer Grade II who had rendered not less than 7(seven) years of satisfactory service as Stenographer Grade II and who have passed the specified Departmental examination for Speed Test and Drafting is eligible for promotion to the post of Stenographer Grade I.