RAJAT KANTI CHOUDHURY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Petitioner, having the qualification of High School Leaving Certificate Examination in the year 1977 from the Meghalaya Board of School Education, was appointed as Store Keeper in the year 80-81 in the Public Health Engineering Department, hereinafter, called the PHED. Subsequently, his services as Store Keeper was regularised. 20 posts of Surveyors in the said department came to be advertised by the Meghalaya Public Service Commission on 17.4.88 in the pay scale of Rs.450/- to 825/ - p.m. Three alternative qualifications were prescribed for appointment on the post. The qualifications were:- (1) Matriculation/HSLC or Higher Secondary Examination with 2 years recognised certificate in surveying Civil from III or (2) read upto 3rd year Diploma course in Civil Engineering from a recognised institute and passed Surveying Paper of 4th Semester and (3) Government servants under PHED holding the post of Section Assistant/Store Keeper with minimum 5 years experience of qualified service in PHE Department and having minimum qualification of matriculation or its equivalent were also made eligible for the post. A copy of the advertisement which was issued in that regard has been filed with the petition as Annexure-I at page 23. Persuant to the said advertisement, petitioner who was qualified as per the IIIrd alternative qualifications applied and was ultimately selected by the Public Service Commission. He was appointed on the said past vide order dated 1.7.89. A copy of the order of petitioner's appointment has been filed as Annexure-II, relevant portion of the appointment order reads as follows:-

(2.) Present petition has been filed questioning the legality and justifiability of notification issued by the Govt. of Meghalaya on 5.1.96, Annexure-V to the writ petition and consequent order for recoveny passed on 23.2.96. By the notification dated 5.1.96, the State Government in exercise of its powers under proviso to Article 309 of the Constitution was amended the pay scale of Surveyors in so far as non certificate holders are concerned. The notification reads as follows:-

(3.) It has been contended by the learned counsel for the petitioner, that once the petitioner had been appointed in the pay scale of Rs.1375/- to 2390/- on the basis of recruitment held pursuant to the issue of the advertisement dated 17.4.88, his pay scale cannot be reduced to his detriment by a subsequent notification in the garb of amendment