Allowed

Rangfe Yamke (Blange) v. The State of Ap and 2 Ors.

Gauhati HC8 Jun 2022WP(C)/233/2021

Case brief

AI extract

What is this about?

Petitioner, a non-matriculate MTS serving 25 years in Arunachal Pradesh Police, sought regularization. Court directed authorities to consider relaxing minimum educational qualification requirements pending on the petitioner.

What did the court decide?

Directed respondent authority to consider government recommendation for relaxation of education qualification and process regularization within three months.

Rangfe Yamke (Blange) Vs The State of Ap and… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/4

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GAHC040006872021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : WP(C) 233/2021

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1:Rangfe Yamke (Blange)

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Vill - Yochung Yangje,Lochung Yangse, Lochung Yangse, P.S/PS Seppa, East Kameng, District, Arunachal Pradesh.

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VERSUS

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1:The State of AP and 2 Ors

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represented through Chief Secretary, Govt. of A.P. Itanagar - 791111

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2:The Director General of Police (DGP) Police Head Quarters Itanagar A.P

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3:The Superintendent of Police (SP) Seppa East Kameng District A.P - 79010

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Advocate for the Petitioner : Sunil Mow

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Advocate for the Respondent : GA (AP)

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Page No.# 2/4

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BEFORE HONBLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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Date : 08-06-2022

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Heard Shri S. Mow, learned counsel for the petitioner and also heard Shri S. Tapin, learned Senior Government Advocate representing the State respondents.

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Considering the nature of grievances and also the fact that pleadings are complete, this writ petition is taken up for disposal at the admission stage.

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The matter pertains to regularization of the services of the petitioner. The petitioner is a contingency MTS (Cook) in the Police Department in the State of Arunachal Pradesh. He claims to have been serving in the Department for more than 25 years. On 19.09.2019, a notification was issued fixing the minimum education qualification for Group (C) MTS as matriculation, which would apply to both direct recruitment or regularization. It is the case of the petitioner that he has passed Class-VII and under the earlier recruitment Rules of 2008, he had the eligibility for such regularization. However, under the new Rules he is not been considering for such regularization by the Departmental Promotion Committee.

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Shri Mow, learned counsel for the petitioner submits that the requirement of higher education qualification which was introduced by the notification dated 19.09.2019, was not there when the vacancy against which the petitioner is claiming for regularization came into being. Secondly, the learned counsel for the petitioner submits that there are a number of vacancies wherein, the petitioner can be regularized. It is further submitted that 25 years of past

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services should be given due weightage by the authorities as the petitioner has a legitimate expectation for regularization of his service after serving for so long.

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On the other hand, Shri Tapin, learned Senior Government Advocate, Arunachal Pradesh submits that fixing a minimum education qualification of matriculation for Group (C) MTS post is in the interest of public and part of the uniform policy of the Government. He further submits that in matter of public employment, one cannot do away with the guidelines laid down by various Courts for such regularization. One of the criterion is to have the minimum qualification.

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After hearing the parties and on perusal of the materials available on record, this Court is of the view that though strictly, regularization cannot be claimed, as a matter of right unless an incumbent fulfils the requirement of such regularization as held by the Hon’ble Supreme Court in a catena of decision indulging the case of Uma Devi Vs. Secretary, State of Karnataka & ors. reported in (2006) 4 SCC 1 , in the present case, the petitioner claims to have served the Department for the last 25 years. Such long period of service cannot be over looked and though it is a fact that the petitioner is not a matriculate, he has passed class-VII. It is also seen that the Rules provides for relaxation, which is the discretion of the Government. At this stage, Shri Tapin, learned Senior Government Advocate fairly submits that there is already a recommendation from the Government for invoking such power, with regard to the education qualification of the petitioner which is still pending.

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In view of the aforesaid facts and circumstances, the present writ petition is disposed of directing the respondent authority to consider the recommendation for relaxation of the requirement of education qualification so

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far as the petitioner is concern and upon such relaxation consider the case of the petitioner for regularization as Cook in the Police Department. While making such consideration, the authorities are also directed to keep in mind the long period of service rendered by the petitioner in the Department. The aforesaid exercise shall be carried out expeditiously and preferably within a period of 3 (three) months from the date of receipt of a certified copy of this order.

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Accordingly this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Rangfe Yamke (Blange) v. The State of Ap and 2 Ors.

Case brief

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Rangfe Yamke (Blange) v. The State of Ap and 2 Ors.

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