(1.) MANDAMUS has been sought for to regularize the service of the petitioner with effect from the date of taking over the full charge of the post of Sub-Divisional Officer (PHE) Electrical, Tura i. e. from 1. 9. 1989 along with all other consequential benefits and on regularisation as claimed, his seniority position should be fixed above Shri Harding Stone Nongkynrih thereby correcting the seniority position as notified vide notification dated 2. 7. 1999 fixing the inter-se seniority list of the officers of P. H. E. under P. H. E. Department, Government of Meghalaya.
(2.) IN order to determine the facts pleaded and established and the relief sought for, the following facts are reproduced below in seriatim viz. The petitioner was appointed to act as Sub-Engineer, Grade I (Electrical) on the recommendation of Meghalaya Public Service Commission vide office order dated 2. 7. 1979. The said office order would show that his name appeared at Sl. No. 1 in order of merit though he joined service on ad hoc basis as Sub-Engineer Grade-I (Electrical) with effect from 5. 5. 1978. Thereafter he was transferred, posted and allowed to hold full charge of the post of Sub-Divisional Officer (Electrical), Tura vide order dated 7. 8. 1989 and he assumed the charge on 1. 9. 1989.
(3.) IT may be pertinent to mention that the service conditions of the officer of the Public Health Engineering Department was regulated by the office memorandum dated 19. 9. 1981 in absence of Service Rules. The said office memorandum dated 19. 9. 1981 provides for Assistant Engineers in column 4 which is quoted hereunder :