(1.) THE Community and Rural Development department, Government of Meghalaya issued an advertisement dated 31st July 2001 inviting applications from the interested persons serving in the State Government of Meghalaya in developmental line departments such as Agriculture, Animal Husbandry and Veterinary, Education, Social Welfare, Soil Conservation, Forest and the like, for preparation of a penal towards filling up of various posts including the post of Block Development Officer (in short BDO) in the Block Offices of Community and Rural Development, by temporary transfer, in their own grade/scale of pay, initially for a period of one year, to be extended by the terms of one year, depending upon their performance and records. Pursuant to such advertisement, the appellant, who at the relevant point of time was serving as Extension Officer in Agricultural department under Government of Meghalaya, filed an application for the post of Block Development Officer. A selection was thereafter held wherein the appellant was selected for inclusion of his name in the penal for filling up of the post of BDO, pursuant to which a notification dated 5. 6. 2002 was issued by the Secretary to the Government of Meghalaya, Agriculture etc. department, temporarily transferring and placing the services of the appellant along with 11 other persons, who were also empanelled for appointment as BDO, at the disposal of the Community and Rural Development department. The said department vide notification dated 10. 6. 2002 appointed the appellant as BDO, at his own grade/scale of pay, initially for a period of 1 (one) year. The period of such appointment was thereafter extended up to 31. 3. 2005 by issuing the notification dated 30. 3. 2005.
(2.) WHILE the appellant was serving as BDO in Community and Rural Development department, order of promotion dated 22. 12. 2004 was issued promoting him to officiate in the Grade II of Meghalaya Agricultural Service i. e. in the parent department. The appellant on receipt of such order of promotion submitted a representation dated 28. 2. 2005 for treating the said promotion, in his parent department, as proforma promotion so that he may be able to continue in the said department without any break or affecting his service in near future and expressing his willingness to continue to serve in Community and Rural Development department as BDO. A further representation dated 15. 4. 2005 was also filed by the appellant, along with others, before the Director, Community and Rural Development department, requesting recommendation for permanent placement of their services in the said department. The Commissioner and Secretary to the Government of Meghalaya, Community and Rural Development department thereafter vide notification dated 20. 6. 2005 repatriated the appellant to his parent department i. e. Agricultural department, with effect from the date of his handing over of charge, by allowing another BDO to take over the charge from the appellant. However, in the said notification, in place of 'repatriation', the word 'reverted' was used. The said notification has been challenged by the appellant by filing W. P. (C) No. 240 (SH) of 2005 in Shillong Bench of this Court, which was dismissed by the learned Single Judge vide judgment and order dated 1. 8. 2006 and hence the present appeal before this Court.
(3.) WE have heard Mr. A. Mazumdar, learned senior counsel appearing on behalf of the appellant and the learned Advocate General, Meghalaya appearing on behalf of the respondents.