LAWS(MEGH)-2019-6-13

MERINDA LALOO Vs. STATE OF MEGHALAYA

Decided On June 04, 2019
Merinda Laloo Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) The petitioners by the present writ petition filed under Article 226 of the Constitution of India seek a writ of mandamus in the nature of certiorari and/or mandamus claiming that there has been a violation of their fundamental rights on the ground of non-regularisation of their services despite being in service for over 25 years. It has been claimed in the writ petition that the petitioners had joint their services on temporary basis from the year 1988 onwards till 1992 and are in continuous service, thereafter till date. According to the petitioners, they are in service for more than 25 years and despite several representations both individually and also jointly, the services of the petitioners have not been regularised so far.

(2.) Affidavit-in-opposition has been filed by respondent No. 4. It has been specifically averred in paragraph 9 thereof that the joint representation of the petitioners dated Nil received from the Superintendent Engineer, Jowai Circle has been received in the Government vide letter No. PW/Admn. 119/2005/Pt.II/35, dated 10.08.2018 and the matter is being examined by Finance Department. Paragraph 9 of the aforesaid affidavit reads as under: "9. That with regard to the averments made at paragraph 15 of the writ petition, the answering respondent states that the averments made in paragraph 10 of the writ petition the answering respondents begs to state that the Joint representation of the petitioners dated Nil received from Superintendent Engineer, Jowai Circle have been received in the Govt. vide letter NO: PW/Admn. 119/2005/Pt.II/35, dated 10.08.2018 and the matter is being examined by Finance department/Respondent No. 3."

(3.) After hearing the learned counsel for the parties and without expressing any opinion on the merits of the controversy, it is considered appropriate to dispose of the writ petition by directing respondents No. 3 and 4 to expedite the decision on the representation/s of the petitioners. The respondents after affording opportunity of hearing to the petitioners or their representatives shall pass a speaking order in accordance with law within one month from the date of receipt of a certified copy of this order.