ARIENE MAYNE SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. R. Sen, learned senior counsel assisted by Miss S. Sinha, for the petitioner. Also heard Mr. V K Jindal, learned Government Advocate for the State respondents and Mr. S. Sen, learned counsel for the respondent Nos. 12 to 19.

(2.) Briefly stated the case is that the Meghalaya Public Service Commission (MPSC for short) conducted an examination for recruitment to the post of Meghalaya Civil Services and published the list of successful candidates. On the basis of the said selection made by the MPSC the respondent No. 1, Chief Secretary, Government of Meghalaya, published a Notification No. PER 68/81/117 dated 2.6.82, whereby vide Commission Order appointed twenty-four officers to the Meghalaya Civil Service on probation and in the same Notification they were posted to different places of posting. The petitioner joined the Service on 18.7.82. In the said Notification the name of the petitioner appears at serial No. 2 above the names of respondent Nos. 6 to 19. The petitioner and the respondents were transferred and posted to different places from time to time.

(3.) According to Rule 12 of the Meghalaya Civil Service Rules, 1975, (for short the Rules) c. person appointed to the service shall be on probation for a period of two years. However, provision is made under the Rules that for good and sufficient reasons the period of probation may be extended by a period not exceeding two years. Rule 13 of the Rules provides that every probationer shall complete the training during the period of probation which shall be held by the Public Service Commission from time to time. Clause 2 of Rule 13 provides that a member of the service who was confirmed in the Civil Service Class II but who has not passed the Departmental Examination prescribed for the Service shall within a period of two years appear at and pass the prescribed Departmental Examination conducted by the Commission in the subject which he has not passed.