JULIUS L R MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By way of filing the instant writ petition, mandamus has been sought for, to promote the petitioner in the light of "The Finance (Pay Revision)" Department vide notification Memo No, F(PR)-150/98/7 dated 21.12.98 and under Ruie 22 and 23 of "the Meghalaya Civil Service Rule 1975" to the next higher cadre post of the Curator, in the Meghalaya State Museum, Shillong, under the Arts and Culture department, Shillong. with retrospective effect i.c, from 1 st January, 2000.

(2.) In order to determine the tacts pleaded and established and the relief sought for, the following facts are reproduced below; The petitioner was appointed as Museologist at Meghalaya State Museum, Shillong against a permanent vacant post, on the recommendation of Meghalaya Public Service Commission. The petitioner duly joined as Muselogist at Meghalaya State Museum, Shillong under the Direcatorate of Public Instruction, Meghalaya, Shillong on 30.6.1984 and has been discharging his duty as such till date. The post of the petitioner was duly confirmed and permanently retained in the year 1995, which was communicated vide letter No. MAC 63/93/PL/5 dated, 8.10.1995 and notified vide Memo No,, MAC 154/90/72-A dated 31.07.2002.

(3.) The Department of Arts and Culture, where the petitioner is serving as Museologist, was under the Education Department. The Department of Arts and Culture, was bifurcated from the parent Department of Education with effect from 01.08.1998 and as such it has become the Department of Arts and Culture since then, having no link and connection with the Education Department