WP(C)/130/2015 of Smt Thera Ch Marak Vs State Of Meghalaya on 10 November 2015

1. The State of Meghalaya, Represented by the Principal Secretary Agriculture Department, Government of Meghalaya.

2. The Principal Secretary to the Government of Meghalaya Community and Rural Development.

3. The Commissioner & Secretary To the Government of Meghalaya, Agriculture etc. Department.

4. The Under Secretary to the Government of Meghalaya Agriculture Department.

5. The Under Secretary to the Government of Meghalaya Community & Rural Development.

6. The Joint Secretary to the Government of Meghalaya Community & Rural Development.

7. The Joint Secretary to the Government of Meghalaya Agriculture Department.

8. The Deputy Secretary Community & Rural Development Department, Meghalaya, Shillong.

9. The Director of Agriculture, Meghalaya, Shillong.

… Respondents

B E F O R E

THE HON’BLE MR JUSTICE SR SEN

For the Petitioner

: Mr. K Ch Gautam Mr. WG Momin, Advocates For the respondents : Mr ND Chullai, Sr, GA Mr KP Bhattacharjee Advocate Date of hearing : 10.11.2015

Date of Judgment and Order

: 10.11.2015

JUDGMENT AND ORDER(ORAL)

Petitioner’s case in a nut shell is :-

“The factual matrix leading to the filling of the instant writ petition is that the petitioner was initially appointed as an Agricultural Inspector (Circle) Bajengdoba vide Notification under No. EO.AGRI (E) 535/93/61 dated 5/06/1995 (Annexure-I), thereafter the petitioner was transferred and posted as Extension Officer (Horti) Dalu Block vide Notification under No. AGRI (E) 157/94/Pt. 1/22-H dated 4/09/1997 (Annexure-II)

Thereafter vide various Notifications your Petitioner was transferred and posted at various places as indicated under:- From 2000-2004 :at Gambegre C & RD Block, West Garo Hills From 2004-2006 :at Dambo-Rongjeng C & RD Bloc, East Garo Hills From 2006-2008 :at Garobadha A.I Circle, West Garo Hills From 2008-2009 : at Gasupara C & RD Block, South Garo Hills.

That vide Notification under No. ARGI(E)78/2009/6 dated 14/07/2009 (Annexure-III) the Petitioner was temporarily transferred for appointment as full time Block Development Officer and placed at the disposal of the Community and Rural Development Department initially for a minimum period of 2 (two) years, upon being transferred and placed under the disposal of the Community & Rural Development Department the petitioner was appointed and posted as a full time Block Development Officer at Gasupara C & RD Block South Garo Hills District for a period of two years vide Notification under No. CDD. 139/23008/67 dated 30/07/2009 (Annexure-IV) That vide Notification under No. CDD. 139/2008/70 dated 26/08/2009 your Petitioner was again transferred and posted as Block Development Officer at Rongara Community & Rural Development Block (Annexure-V). That vide Notification under No. CDD.43/2009/107 dated 27/06/2012 the petitioner was again transferred and posted as Block Development Officer Dadenggre Community & Rural Development Block West Garo Hills (Annexure-VI). Thereafter the tenure of the petitioner was extended from time to time.

That thereafter vide Notification under No. CCD.75/2012/60 dated 13/02/2014 and in pursuance of the Agriculture Department’s Notification under No. AGRI (E) 78/2009/Pt/48 dated 27[th] January, 2014 the services of the petitioner was reverted back to her parent department. (Annexure-VII). Vide Notification under No. CDD.43/2009/Pt.1/153 dated 20/06/2014 Smti. Tengchi M. G. Momin, EAC, Tura West Garo Hills District was appointed as Block Development Officer and posted at Dadenggre C & RD Block in place of your petitioner (Annexure-VIII)

The petitioner handed over charge as Block Development Officer Dadenggre in pursuance of the order dated 20/06/2014 and joined back her parent department after handing over charge of Block development officer Dadenggre to Smti. T. MG Momin on the 10[th] of July, 2014. However after joining back her parent department the petitioner was not assigned any place of posting.

The petitioner immediately filed a representation on 14/07/2014 addressed to the Director of Agriculture Meghalaya, Shillong highlighting her grievance, when no reply was forthcoming a subsequent representation was filed on the 23[rd] July, 2014 addressed to the Under Secretary to the Government of Meghalaya, Agriculture Department highlighting the fact that even after being reverted to her parent department the petitioner was kept without a place of posting.

The Petitioner filed another representation on 4/08/2014 addressed to the Deputy Secretary Community & Rural Development Department, Meghalaya, Shillong (Respondent No. 7) highlighting the fact that her extension order as full time BDO under the C&RD Department has not been issued and as such she is unable to draw her salary. It is pertinent to mention herein that your petitioner made a specific prayer for issuance of her extension order as full time BDO Dadenggre w.e.f. 1[st] January, 2014 to 10[th] July, 2014 so as to enable her to draw her salary for the period mentioned.

The representations filed by your petitioner were kept in cold storage and no reply was forth coming the petitioner vide representation dated 3[rd]November, 2014 addressed to the Deputy Secretary Community & Rural Development Department Meghalaya Shillong highlighted her grievance that for her tenure as BDO Dadenggre from 1[st] January, 2014 to 10[th] July, 2014 no extension/retention order as full time BDO under the C&RD Department has been issued owing to which your petitioner is not in position to draw her salary.

When no reply was forth coming from any quarters she wrote a subsequent representation dated 12/11/2014 addressed to the Hon’ble Chief Minister highlighting her long pending grievance.

That vide Notification under No. AGRI (E) 187/95/104 dated 25[th]November, 2014 your petitioner was posted as Agriculture Development Officer at Selsella. The petitioner joined as Agriculture Development Officer at Selsella on 26[th] November, 2014. That after being reverted to her parent department she was kept without a place of posting and this resulted in a gap period due her not being assigned a place of posting after handing over charge as BDO Dadenggre on 10/07/2014 and her subsequent posting at Selsella on the 26/11/2014.

Thereafter vide her representation dated 27[th]November, 2014 addressed to the Director of Agriculture, Meghalaya, Shillong your petitioner prayed for regularization of her gap period between handing over charge as BDO Dedenggre on 10/07/2014 and her posting at Selsella on the 26.11.2014 so as to enable her to complete the necessary formalities to draw her long pending salary. That when no reply was forth coming your petitioner filed a another representation dated 14/01/2015 addressed to The Joint Secretary to the Government of Meghalaya, Community & Rural Development Department, Meghalaya, Shillong for issuance of extension/retention order as full time BDO under the Community & Rural Development Department for the purpose of processing of her pay slip and further to enable her to draw her salary.

That your petitioner states that when the Respondent No. 6 paid no heed to her representation dated 14/01/2015 she subsequently filed another representation addressed to the Principal Secretary to the Government of Meghalaya, Agriculture Department, Meghalaya Shillong highlighting the same grievance.

Being aggrieved by the non action in addressing the grievances of your petitioner by the Respondent Authority, their petitioner sent a notice dated 23/03/2015 through her pleader addressed to the Principal Secretary to the Government of Meghalaya, Agriculture Department, Meghalaya Shillong (Respondent No. 1) demanding issuance of her extension/retention order for her tenure as Block Development Officer w.e.f. 1/01/2014 to 10/07/2014 and also for regularization of the gap period w.e.f. 10/07/2014 to 26/11/2014 ensued owing to non issuance of a place of posting after her handing over of charge and do the needful so as to enable your petitioner to draw her long pending salary.

That upon receipt of pleader’s notice dated 23/03/2015 the Joint Secretary to the Government of Meghalaya, Agriculture Department issued a letter under No. AGRI (E) 187/95/159 dated 28/03/2015 addressed to your petitioner’s counsel stating that the matter is still under process in the department and sufficient time to be afforded to the Department to sort out and resolve the issue.

That even after the expiry of more than 2 (Two) months from the date of the letter dated 28/03/2015 addressed to the counsel of your petitioner, the Respondent Authority is yet to resolve the long pending grievance of your petitioner. Being aggrieved the petitioner is before your lordship for redressal of her grievances.”

2. Mr. K Ch Gautam, learned counsel appearing for and on behalf of the petitioner submits that petitioner joined the service on 5.6.1995 in the Agriculture Department. On 14.07.2009, she was sent for deputation to C&RD Department, where she worked as a Block Development Officer till 10[th] July 2014. But unfortunately, when she came back to her parent department she was not given any posting nor was her salary released. As a result, she suffered mentally and financially. Hence, this instant writ petition was filed.

3. In reply to this, Mr KP Bhattacharjee, learned State counsel, submits that she was actually released on 1.1.2014 and she joined her duty only on 10.07.2014. As a result, it became difficult for the Office to regularize her service and release her salary. However, respondent Nos. 2 and 5 in paragraph 7 of their affidavit, made it clear that they are trying their best to sort out the matter.

4. In reply learned counsel for the petitioner submits that though it is a fact that she has been released from 1.1.2014 but she could not join her parent department as there was no reliever and her reliever came only on 10.07.2014. It was only on 10.07.2014 that she could hand over charge to Smti. Tengchi M. G. Momin, and return back to her parent department, so there is no fault on her part.

5. After hearing the submissions advanced by the learned counsel for the parties and after going through the affidavit filed by the respondent Nos. 2 and 5, which is on record, particularly paragraph No.7 it is clear that only on 10.7.2014 the petitioner could handover charge in the department concerned where she was deputed and that on the same day she had joined her parent department. If it is so, in my considered view there is no break in service. I do not see any impediment to release her salary because she could not join in her parent department on time due to no fault on her part, it is because that she did not get any opportunity to handover charge in the department where she was deputed earlier.

6. Therefore I hereby direct the respondents to look into the matter of the petitioner immediately and release her salary as well as to regularize her services so that she would not suffer in future, within two months from the date of this order. In case petitioner is deprived in any manner after passing this order regarding her regularization of service and release of her salary she will be at liberty to approach this Court.

7. With these observations and directions, this petition is allowed to that extent and disposed of.

8. Registry is directed to furnish a copy of this order to Mr KP Bhattacharjee, learned State counsel.

JUDGE

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