RYMPHANG MONLANG SYNNAH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The case in brief is that the petitioner on 8th March, 2005 was allowed to officiate as L.D.A. by the Director of Health Services, (MI) for a period of 2 months from the date of joining with a break of 7 days. Thereafter, similar letters have been issued by the Director of Health Services for a period of 90 days at a time, with 1 day break in service on many occasions. The pleaded case of the petitioner is that the appointment was against a vacant sanctioned post and in spite of completing 10 years in service, his services were not considered for regularization, and the representations filed in this regard have also remained unanswered till date.

(2.) Mr. S.C. Chakrawarty, learned senior counsel assisted by Ms. E. Slong, learned counsel for the petitioner submits that the petitioner was initially allowed to officiate as L.D.A. in the Directorate of Health by order dated 8th March 2005, and the same was for a period of 2 months with a break of 7 days. He also submits that thereafter the petitioner was kept on officiating basis for a period of 3 months at a time with 1 day break in service, and this arrangement continues till date.

(3.) Mr. S.C. Chakrawarty, learned senior counsel submits that the simple prayer made in the writ petition is for regularization of the services of the petitioner who has completed 10 years of continuous service against the vacant post. The learned senior counsel to buttress his case has also placed reliance on the case of U.P. State Electricity Board v. Pooran Chandra Pandey and Ors. reported in (2007) 11 SCC 92 which he submits, an exception has been carved out from the application of the decision in the case of the Secretary, State of Karnataka and Ors. v. Umadevi and Ors. reported in (2006) 4 SCC 1 in such matters.