TEISKHEM S. LYNGDOH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners who are serving as Sub-Inspectors of Schools under the Education Department of the Government of Meghalaya with the grievance that the time bound upgradation as provided under the Meghalaya School Service Rules, 2012, has not been afforded to them inspite of they being eligible and due for the said promotion. As such, they are before this Court seeking a mandamus for upgradation as per the said Rules.

(2.) Dr. N. Mozika, learned Sr. counsel assisted by Ms. S.A. Shallam, learned counsel for the petitioner, at the outset has submitted that an averment has been made in the affidavit filed by the State respondents, that active consideration is in progress for considering the upgradation of 20(twenty) posts of Sub-Inspector of Schools to the post of Additional Sub-Divisional School Education Officer and that the same is evidenced by the letter dated 25th June, 2019, which is annexed at Annexure-VI to the affidavit-in-opposition. He further submits that the upgradation if so given, should be from the date when the petitioners became entitled for the same, so as to enable them to enjoy full service benefits.

(3.) Mr. B. Bhattacharjee, learned AAG assisted by Ms. Z.E. Nongkynrih, learned GA for the respondent No. 1-3 submits that as per the letter dated 25th June, 2019, it is clearly stated therein that the Department is to take immediate action by issuing upgradation order based on seniority, as sanction has already been accorded to 15(fifteen) posts and that for the upgradation of the remaining 5(five) posts of Sub- Inspector of Schools to that of Additional Sub-Divisional School Education Officer, the same will be made by issuing fresh sanction orders.