BIRENDRA NATH BHUYAN Vs. STATE OF MEGAHALAYA

JUDGEMENT

(1.) In this writ petition, a prayer has been made by the writ petitioner namely, Birendra Nath Bhuyan, for a direction to the respondents to show cause as to why the office order/letter bearing No. MKB/BK-V/(P2)/72/95-96/132 dated 2nd January, 1997(Annexure III) issued by the Chief Executive Officer of Meghalaya Khadi and Village Industries Board, should not be revoked and the petitioner should not be allowed to remain in service atleast upto the completion of 60 years of his age by contending interalia that, he was an employee of the Meghalaya Khadi and village Industries Board and was working as a Bee Keeping Inspector and posted at Tura and, that initially and originally, he was appointed under the Assam Khadi and Village Industries Board thus serving there at Guwahati as per terms of the Service Rules of Assam Khadi and Village Industries Board which provides for retirement of all employees of the Board ordinarily on completion of the age of 60 years and the said Rules also provides for re-employment of an employee even after completion of 60 years for a period of another one year at a time, subject to medical fitness.

(2.) Supporting the case of the writ petitioner, Mr. S. R. Sen learned counsel, has drawn my attention to Rule 34 (C)(4) (i) of the related Rules which provides that :- "All employees of the Board (other than the honorary workers) shall ordinarily retire on the date of completion of the age of 60 years." As per Rule 34 (4) (ii), the Board may also re-employ persons aged over 60 years for a period not exceeding one year at a time, subject to medical fitness. The learned counsel for the petitioner has also drawn my attention to the related office orders bearing Memo No. KBE. 199/76-77/4 dated Gauhati, the 15th March, 1977 as in Annexure n to the writ petition and submitted, that as many as six staff of the Assam Khadi and Village Industries Board were transferred to Meghalaya Khadi and Village Industries Board with immediate effect from the dates shown against their names and in case of the present writ petitioner, date of transfer had been given effect from 7.2.77(F.N.) and the terms and conditions of service of the transferred staff will remain unaltered.

(3.) According to Mr. S. R. Sen, the terms and conditions of service of the writ petitioner as reflected in the said office order of 15.3.77 was duly accepted by the Meghalya Khadi and Village Industries Board and since 7.2.77, the petitioner had rendered his services till 31.3.97 though the petitioner is to serve upto 31.3.99 , as per terms and conditions of his services. It is also contended by Mr. Sen that the Govt. of Meghalaya, vide, the Meghalaya Adaptation of Laws Order(No.3) 1973 has adopted in Cl. (C) Assam Acts S1. No. 22 and accordingly "The Assam Khadi and Village Industries Regulation 1961" were made and the same also stands adopted by Govt.of Meghalaya and as such, the Regulation relating to the conditions of services as provided in the Assam Khadi and Village Industries Regulation 1961 are applicable to the employees of Meghalaya Khadi and Village Industries Board which is the Rule 34 (C) (4)(i).