Hemon R. Marak and 24 Ors v. State of Meghalaya and 7 Ors

JUDGMENT AND ORDER (ORAL)

¶1Heard Mr. P.T. Sangma, learned counsel for the petitioners. Also heard Mr. K.P. Bhattacharjee, learned GA for the State respondents.

¶2The writ petitioners by way of the instant application are seeking a mandamus for implementation of The Meghalaya Regular Casual Workers Scheme, 1996, with regard to their services rendered while being engaged in the Meghalaya Civil Task Force.

¶3The petitioners Nos. 1 to 19 are retired employees and Nos. 20 to 25 are the wives and daughters/legal representative of the deceased persons, who were engaged as casual employees in the Meghalaya Civil Task Force.

¶4Though the petitioners have retired and many have deceased, it has been contended on behalf of the petitioners that no retirement benefits have been accorded to them, in spite of long years in service. As such, it is contended that the respondents are liable to be directed to consider the services rendered by them in the Meghalaya Civil Task Force, and for grant of suitable pensionary benefits as admissible. It has been further contended that in this aspect, The Meghalaya Regular Casual Workers Scheme, 1996 should be made applicable to enable the petitioners to avail of any benefits that may accrue to them.

¶5Mr. K.P. Bhattacharjee, learned GA for the State respondents has submitted that the case of the petitioners will not fall within the Scheme, inasmuch as, they were recruited in volunteering for service under the Meghalaya Civil Task Force, Act, 1974. The

enrollment and remuneration as permissible, has been provided under Section 4 of the said Act. As such, he submits no case has been made out for grant of the relief as prayed for consideration of their service under the RCW Scheme. As such he submits the writ petition is liable to be dismissed.

¶6Heard learned counsels for the parties and examined the materials on record. It is noted that the writ petitioners and the deceased employees were appointed as pioneers in the Meghalaya Civil Task Force, and are governed by the conditions of service as given therein. Though a case has sought to the made out with regard to the applicability of The Meghalaya Regular Casual Workers Scheme, 1996, it is noted that the same will not be applicable in view of the fact that the same applies to persons who were appointed purely on casual basis and not under any Act or a Scheme, as is the case of the petitioners.

¶7In this view of the matter no case has been made out for grant of any relief and the same is accordingly dismissed. However, no order as to costs. JUDGE Meghalaya

18.08.2023 "V. Lyndem-PS"

Serial No. 01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 150 of 2023 Date of Decision: 18.08.2023 Shri Hemon R. Marak & Ors. Vs. State of Meghalaya & Ors. Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner(s) : Mr. P.T. Sangma, Adv. For the Respondent(s) : Mr. K.P. Bhattacharjee, GA with Ms. I. Lyngwa, GA i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: