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2002 Supreme(Gau) 263
GAUHATI HIGH COURT
N.Surjamani Singh, J.
Margaret Wanrap and Ors. -Appellant
Versus
State of Meghalaya and Ors. -Respondent
W.P.(C) Nos. 195, 196 and 197(SH) of 2002
Decided On : 17-06-2002
S.P.Mahanta, M.Wahlang, B.P.Marngar, B.Bikhar, A.K.Agarwal
The judgment emphasizes the importance of providing promotional opportunities in public service and recognizes the limitations of the court in directing policy decisions.
Headnote:
Promotional Avenues - Grade IV Employees in PWD - Rule 8(3) of the Meghalaya Subordinate Service Rules, 1973 - Raghunath Prasad Singh-Vs-Secretary, Home Department, Government of Bihar and others, 1988 (Supp) SCC 519: AIR 1988 SC 1033 - Tech. Executive (Anti Pollution) Welfare Association- Vs-Commissioner of Transport Department and another, AIR 1997 SC 3662
Fact of the Case:
The petitioners, Grade IV employees under the Public Works Department (PWD) in Meghalaya, sought promotional avenues similar to those in the Secretariat Administration Deptt. (SAD). They argued that the lack of promotional opportunities for Grade IV employees in PWD was unjust.
Finding of the Court:
The court acknowledged the absence of promotional avenues for Grade IV employees in PWD and cited the Raghunath Prasad Singh case, emphasizing the importance of promotional opportunities in public service. The court also recognized its limitations in directing policy decisions but urged the State respondents to provide promotional avenues to the petitioners within a reasonable period.
Issues: The main issue was the lack of promotional opportunities for Grade IV employees in PWD compared to those in the Secretariat Administration Deptt. (SAD).
Ratio Decidendi: The court relied on the Raghunath Prasad Singh case to emphasize the necessity of promotional opportunities in public service. It also recognized its limitations in directing policy decisions but urged the State respondents to provide promotional avenues to the petitioners.
Final Decision: The court directed the State respondents to provide promotional avenues to the Grade IV employees, including the petitioners, within a reasonable period, preferably within four months.
These three writ petitions are interrelated each other and involved common question of facts and laws and that being the position these are taken up together for hearing at this stage. Considering the fact that these three writ petitions can be disposed or finally at this stage, these are disposed of accordingly with the following common judgment and order.
2. The petitioners Smt Margaret Wanrap in WP(C) No. 195 (SH)2002. Shri Kosparland Lyngdoh in WP(C) No. 196(SH)2002 and Smti. Prisca Lyndoh in W.P.(C) No. 197 (SH)2002, are the Grade IV employees under the Public Works Department (for short 'PWD') who have rendered their services since 1997, 1984 and 1990, respectively. Their grievance is that the Grade IV employees including the petitioners in P.W.D. Govt. of Meghalaya have no promotional avenue/opportunities but in other departments like Secretariat Administration Deptt. (for short 'SAD'), Government of Meghalaya, those Grade IV employees have promotional avenues/ opportunities to the post of LDA, Duftry, Record Supplier, Typist, etc. and their services are governed by the Meghalaya Subordinate Service Rules, 1973 (for short "Rule of 1973") as amended up to date.
3. Supporting the case of the petitioners, Mr Mahanta, learned counsel, has drawn my attention to certain documents appended to the writ petition in WP(C) No. 196(SH) 2002, pertaining to the amalgamation of the services of the Grade IV staff of PWD Secretariat with that of the Grade IV staff of Meghalaya Secretariat (Civil) as seen in the documents marked as Annexures-8,11 and 12 to the writ petition WP(C)No. 196(SH) 2002 and submitted that the Government had initiated the process for amalgamation of services of Grade IV staff of PWD Secretariat with that of the services of the Grade IV staff of Meghalaya Secretariat (Civil) inasmuch as the authorities have taken steps to the stage that services of the Grade IV staff of PWD Secretariat shall be amalgamated so as to enable them to get promotion to the post of LDA under SAD as provided under Rule 8(3) of the Rules of 1973. According to me, submission of Mr Mahanta to supported by the document marked as Annexures-8, 11 and 12 to the said writ petition's the authority concerned has failed to take up effective measures in the matter these petitioners approached this Court by filing these writ petitions with the prayer for a direction to the respondents to consider at least for one promotional avenues to the petitioners.
4. Mr B.P. Marngar, learned senior GA, Meghalaya, did not controvert the fact that there is no recruitment rule for promotion of Grade IV staff of PWD to the post of LDA or equivalent posts.
5. At the hearing, the learned counsel for the petitioners further contended that as and when there are/were vacant posts of LDA or equivalent posts in PWD, these are generally filled up by the employees from Meghalaya Secretariat (Civil) and the Grade IV employees of PWD have not been afforded with promotional avenues/ opportunities since its inception or establishment.
6. Mr Mahanta, learned counsel also argued that creation of reasonable promotional opportunities are required to be made available to those Grade IV employees of PWD including the petitioners.
7. Be that as it may, now this Court has to see and examine as to whether these writ petitioners have forceable legal rights or not.
8. The admitted position is that there is no promotional avenue for the Grade-IV employees working under PWD, Government of Meghalaya, and higher posts like LDAs are generally filled up by the employees from Meghalaya Secretariat (Civil). From the available materials on record it is seen that the Grade-IV employees of PWD after joining their services in the said department shall have to remain as Grade-IV employees even though they possess requisite educational qualification like HSLC examination pass, Pre-University, Graduation etc. till the date of their retirement. In other words, their services remained standstill and
