VIVEK H WAHLANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) These two writ petitions involving the same parties and are inter-connected have been heard together and are now being disposed of by this common judgment. The petitioner in WP(C) No.22(SH) of 2009 prays for quashing the advertisement dated 9.1.2009 calling for eligible candidates to fill up the vacant post of Assistant Manager in Orchid Hotel, Polo Road, Shillong and for passing a consequential order to regularize him to that post with the approval of the Board of Directors of the respondent-Corporation in pursuance of the letter dated 17.9.2007. In WP(C) No.114(SH) of 2009, he prays for quashing the order dated 23.4.2009 withdrawing all his official functions with immediate effect and until further orders.

(2.) The facts prompting the petitioner to file WP(C) No.22(SH) of 2009, as pleaded by him, may be briefly noticed at the outset. He, holding a Diploma in Hotel Management, Catering and Nutrition, applied for a job with the Ministry of Tourism, Goverment of Meghalaya by filing the application dated 9.6.2003. On the basis of this application, he was appointed as Assistant Manager on contract basis at Orchid Hotel with the concurrence of the Board of Directors vide the letter dated 1.4.2004 issued by the Managing Director (respondent 4) with effect from 15.4.2004. The contractual appointment was made renewable on the basis of his performance. He accepted the appointment and was posted as Assistant Manager at Orchid Hotel, Shillong. His contractual appointment was extended for a further period of three months to be effective from 16.4.2006 vide the letter dated 6.5.2006 issued by respondent 4. His contractual appointment was again renewed from time to time.Ultimately, he sought for regularization of his contractual appointment. In recognition of his outstanding performance of his duties, the respondent No. 4 by the office order dated 5.12.2006 granted an incentive of Rs.1,000/- to him. Thereafter, the respondent No.4 issued the notification dated 17.9.2007 appointing him as Assistant Manager at Orchid Hotel, Shillong on regular basis in the pay scale of Rs.6,350-11,130/- per month. The notification, however, did mention that his appointment was purely on a temporary basis and subject to the approval of the Board of Directors of the Corporation. While discharging his duties, he came to know from some reliable sources that when his case and the case of one Smt. Shelly Baruah, who was appointed on contractual basis on a much later date i.e. on 18.7.2005, were placed together before the Board of Directors for regularization, but no dicision was taken on his case while the contractual service of the said Shelly Baruah came to be regularized vide the order dated 20.3.2008. The petitioner did not immediately challenge the decision of the Board as he was hopeful that his case also would be appropriately dealt with the Board of Directors in their next meeting since there were numerous instances when other incumbents who joined later than him and whose accomplishments were insignificant compared to the services rendered by him had been regularized.

(3.) It is also the case of the petitioner that in due course of time, his relationship with the respondent No.5 started showing signs of strain with the result that the latter issued the impugned order informing him that the Board had approved the recommendation of the Selection Commitee for filling up the post of Assistant Manager, Orchid Hotel by inviting applications to the said post through advertisement. The petitioner was also informed of his right to apply for the post. Pursuant to the decision taken by the Board of Directors, the impugned advertisement was issued. In the month of June, 2008, the petitioner preferred another writ petition being WP(C) No.141 (SH) of 2008 before this Court to set aside the letter dated 6.6.2008 issued by the respondent No. 5 temporarily transferring the petitioner as Assistant Manager, Orchid Lake Resort,Umiam. This Court by the order dated 16.6.2008 passed an interim order staying the operation of the letter dated 6.6.2008. The petitioner subsequently withdrew the writ petition when the respondent No. 5 allowed him to continue in his post as the Assistant Manager of Orchid Hotel, Polo Road, Shillong. According to the petitioner, the respondent No.5 has completely ignored his efforts and contributions for the phenomenal growth of the business of Orchid Hotel and also of the incentive of Rs.1,000/- per month granted to him by the former Managing Director of the Corporation in recognition of his services and for further improvement of his performance. It is contended by him that the impugned decision of the respondent No.5 is without any justification and is actuated by malice and is merely a ruse to get rid of his service. Hence, this writ petition has been filed by him for appropriate relief.