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2005 Supreme(Gau) 817
IN THE HIGH COURT OF GAUHATI (SHILLONG BENCH)
Anima Hazarika, J.
Julius L.R. Marak
Vs.
State of Meghalaya and Ors.
W.P. (C) No. 17 (SH) of 2003
Decided On: 05.12.2005
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: A.H. Hazarika and A. Begum, Advs.
For Respondents/Defendant: M.F. Qureshi, Adv.
Reasonable promotional opportunities should be available in every wing of public service to generate efficiency and foster appropriate attitudes for achieving excellence in service.
Headnote:
Mandamus - Promotion - The Finance (Pay Revision) - The Meghalaya Civil Service Rule 1975 - Rule 22 and 23 - [The Finance (Pay Revision), The Meghalaya Civil Service Rule 1975] - The court discussed the provisions of The Finance (Pay Revision) and The Meghalaya Civil Service Rule 1975 in relation to the promotion of the Petitioner to the next higher cadre post of the Curator, highlighting the lack of service rules regulating the service conditions of the employees serving under the Directorate of Arts and Culture, Government of Meghalaya and the government's resolution on the recommendation of the Third Meghalaya Pay Commission.
Fact of the Case:
The Petitioner sought mandamus to promote him to the next higher cadre post of the Curator with retrospective effect, citing his qualifications and eligibility for the post. The Petitioner had been serving as Museologist at Meghalaya State Museum and had submitted multiple representations for promotion, which were not disposed of by the authority.
Finding of the Court:
The court found that there were no service rules regulating the service conditions of the employees serving under the Directorate of Arts and Culture, Government of Meghalaya. The court also noted the government's resolution on the recommendation of the Third Meghalaya Pay Commission, which directed the filling up of vacant senior level posts by promotion from eligible officers.
Issues: The main issue was the denial of promotional avenues to the Petitioner for more than two decades due to the lack of service rules and the government's failure to process the decision regarding promotional avenues, resulting in the Petitioner remaining in the same post for 24 years.
Ratio Decidendi: The court held that reasonable promotional opportunities should be available in every wing of public service to generate efficiency and foster appropriate attitudes for achieving excellence in service. The lack of promotional opportunities would lead to degeneration and stagnation in the service.
Final Decision: The court issued a mandamus directing the Secretary to the Government of Meghalaya, Arts and Culture Department to consider the Petitioner for promotion to the next higher post of Curator within three months, observing all formalities, and if favorable, to promote the Petitioner with retrospective effect from 1.4.2001.
Anima Hazarika, J.
1. By way of filing the instant writ petition, mandamus has been sought for, to promote the Petitioner in the light of "The Finance (Pay Revision)" Department vide notification Memo No. F(PR)-150/98/7 dated 21.12.98 and under Rule 22 and 23 of "the Meghalaya Civil Service Rule 1975" to the next higher cadre post of the Curator, in the Meghalaya State Museum, Shillong, under the Arts and Culture department, Shillong, with retrospective effect i.e. from 1st January, 2000.
2. In order to determine the facts pleaded and established and the relief sought for, the following facts are reproduced below;
The Petitioner was appointed as Museologist at Meghalaya State Museum, Shillong against a permanent vacant post, on the recommendation of Meghalaya Public Service Commission. The Petitioner duly joined as Muselogist at Meghalaya State Museum, Shillong under the Direcatorate of Public Instruction. Meghalaya, Shillong on 30.6.1984 and has been discharging his duty as such till date. The post of the Petitioner was duly confirmed and permanently retained in the year 1995, which was communicated vide letter No. MAC 63/93/PL/5 dated, 8.10.1995 and notified vide Memo No., MAC 154/90/72-A dated 31.07.2002.
3. The Department of Arts and Culture, where the Petitioner is serving as Museologist, was under the Education Department. The Department of Arts and Culture, was bifurcated from the parent Department of Education with effect from 01.08.1998 and as such it has become the Department of Arts and Culture since then, having no link and connection with the Education Department.
4. One post of curator has been created since 1975 vide Memo No. EG/CP/1/74/4 dated 27.2.1975, permanent retention of which was notified vide, Memo No. MAC-56/98/41 dated 27.9.2001. The post of Curator is a Gazetted post. The said sanction for permanent retention of the temporary post of Curator was issued with the concurrence of the Finance (EC. II) Department vide their letter No. 1/D-No FC.II. 112/2001 date, 12.9.2001. The Petitioner’s case is that, the said post of Curator has been lying vacant since 1975, which is a Promotional Cadre post, from the post of Museologist, but the said post has not been filled up till date though the Petitioner is qualified and eligible to be promoted to the said post.
5. It is submitted on behalf of the Petitioner, that the Petitioner had undergone various training, pertaining to State Museum, Shillong, sponsored by National Museum, New Delhi (Department of Culture), Government of India, short term training course in Muscology, held at the National Museum, New Delhi in the session 1984-1985 and in National Research Laboratory for conservation of Cultural Property, Lucknow, for conservation and preservation maintenance of Museum Materials during the year 1996. The Petitioner was also conferred with State award for his book "Serejing Aro Walgan", which was placed first (Drama) among the books published during the year 1988-89 for the best literature in garo language. The Petitioner has also been conferred the degree of Doctor of Philosophy (Ph.D.) in the year 1982 for his thesis "the Garo Customary Laws and Practices" (Sociological study) and thus he is duly qualified and eligible to be promoted to the said post of Curator, submitted by the learned Counsel appearing on behalf of the Petitioner. The Petitioner has submitted several representations before the appropriate authority on 20.8.86, 30.8.93, 28.8.97, 4.8.98, 20.5.99, 8.5.2001 and on 26.4.02 (Annexures XA, XB, XC, XD, XE, XF and XG respectively), requesting therein to consider his case for promotion to the next higher cadre post as he has completed more than 18 years of service in the same post of Museologist, without any blemish. But the said representations have not yet been disposed of by the authority nor any order of promotion have been passed considering the prayer so made in the representations. Thus, as no action was taken by the authority for promoting
