HC seeks test to regularise 11 women supervisors

SHILLONG, May 28: The High Court of Meghalaya has directed the state government to conduct a special interview or examination for the regularisation of services of 11 women in the Social Welfare Department as supervisors.
They had moved the court as the regularisation of their services were caught in red tape.
An advertisement dated 12.11.2009 was published by the government inviting eligible candidates for a walk-in interview for appointment to the post of lady supervisors as a special drive for Garo Hills Division under ICDS Projects on temporary basis and on the condition that appointment in a regular manner was contingent upon selection by the Meghalaya Public Service Commission (MPSC)/District Selection Committee.
The court said the petitioners had appeared for the same and were given temporary appointment.
The appointments were duly approved by the Cabinet on January 15, 2010.
The petitioners, thereafter, were posted to their respective place of postings, after being given appointment for a period of one year, and were also sent for job training course for Lady Supervisor. They started discharging their duties after the completion of training.
The court said the Director of Social Welfare (DSW), wrote to the Chairman of the District Selection Committee, East Garo Hills and West Garo Hills on 18.01.2011 for issuance of an advertisement and conduct of an interview for the post of lady supervisor. But as the same was not forthcoming by office order dated 15.07.2011, the services of the petitioners and other similarly situated employees were extended by one year.
However, out of all the candidates who were appointed on February 22, 2010, three candidates were called for personal interview by the District Selection Committee, South Garo Hills on January 24, 2011 but without the publication of an advertisement. Subsequently, they were given appointment on regular basis.
“Thereafter, as the respective DSCs, did not take action for appointment of candidates on regular basis, the respondent No 2 (DSW), vide various office orders, extended the services of the petitioners.
The respondent No. 2, then vide letter dated 28.11.2013, requested the Chairman of West, East, South and North Garo Hills, District Selection Committee to take necessary action for recommendation of candidates for regular appointment, but however, as there was no response, the services of the writ petitioners were further extended for a period of 89 days,” the court said.
“Finally, after five years of service had been completed, the District Selection Committee for the post in West and South West Garo Hills, on 25.06.2015 and 09.11.2015, published advertisements for the said post. The respondent No. 2, then instructed the writ petitioners who were temporarily appointed to apply for the post to the DSC, and to obtain the NOC/experience certificate from the department,” the court further said.All of the petitioners, falling within these two districts, submitted their applications and were waiting for response from the DSC but it did not proceed with the selection process.
“The respondent No. 2, by letter dated 31.07.2015, then requested the Commissioner Secretary, Social Welfare Department to regularise the services of the petitioners, as they have put in a long period of continuous service, which was satisfactory and also had undergone various in-service trainings. However, this request was denied on the ground that the petitioners should qualify themselves through an examination,” the court said.
The DSW then again by another letter dated 29.10.2015 urged the state government, represented by Commissioner and Secretary, Social Welfare Department, to reconsider the decision and regularise the services of the writ petitioners who had also addressed a representation, praying for regularisation.
The court said, “The respondent No. 2 then by letter dated 21.03.2017, again requested the DSCs of all the districts to advertise for filling up the post of Lady Supervisors. But however, by letter dated 18.08.2017, the respondent No. 3 (Joint Director of Social Welfare), requested the Chairman of West Garo Hills and South West Garo Hills to keep the selection in abeyance.”
Meanwhile, the Joint Director of Social Welfare, by a letter dated 22.05.2018, communicated that the matter of regularisation of the ad hoc supervisors, had been taken up, but as they rendered only seven years of service, they were considered not eligible for regularisation.
“This see-saw battle continued with the request being made again by the respondent No. 2 to the respondent No. 1, vide letter dated 01.06.2020, for regularisation of the petitioners, which was followed by another letter dated 09.07.2020, requesting the Chairman, DSC, West Garo Hills and South West Garo Hills to advertise the said posts…
“However, this also was kept on abeyance on the request of the respondent No. 2, on the ground that the consideration for regularisation was being processed. The writ petitioners then by a representation dated 27.04.2022, again prayed for regularisation, as by this time they had already rendered service of over 12 (twelve) years. It is then seen that, by another communication dated 14.02.2023, the state respondents informed the respondent No. 2, that the Lady Supervisors whose appointment was under 3(f), were to be made regular only after recommendation of the MPSC/DSC, as the case may be,” the court said.
Further, it said though subsequent extension was granted to the writ petitioners, this situation which had reached a stalemate without the selection being held and the writ petitioners continuing in temporary employment prompted them to approach the court.