Date Of Decision :12.03.2026 vs State Of Meghalaya Represented By on 12 March, 2026

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    Meghalaya High Court

    Date Of Decision :12.03.2026 vs State Of Meghalaya Represented By on 12 March, 2026

    Author: H.S. Thangkhiew

    Bench: H.S. Thangkhiew

                                                                2026:MLHC:174
    
    
    
      Serial No. 25
      Regular List
    
                          HIGH COURT OF MEGHALAYA
                                 AT SHILLONG
    WP(C) No. 410 of 2024
                                           Date of Decision :12.03.2026
    Smti Lurena Lyngdoh,
    W/o Herman Roy Laloo
    R/o Mawlai Phudmuri, Shillong
    East Khasi Hills District, Meghalaya              ...Petitioner(s)
    
          -Versus-
       1. State of Meghalaya represented by
          The Secretary Health & Family Welfare Department,
          Government of Meghalaya, Shillong
    
       2. The Under Secretary to the Government of Meghalaya,
          Health & Family Welfare Department,
          Government of Meghalaya, Shillong
    
       3. The Director of Health Services (MI)
          Government of Meghalaya, Shillong
    
       4. The District Medical & Health Officer,
          East Khasi Hills,
          Government of Meghalaya, Shillong        ...Respondent(s)
    
    Coram:
                  Hon'ble Mr. Justice H.S. Thangkhiew, Judge.
    
    
    Appearance:
    For the Petitioner(s)     :    Mr. K. Paul, Sr. Adv. with
                                   Mr. B. Snaitang, Adv.
                                   Ms. K. Decruse, Adv.
    
    For the Respondent(s)     :    Mr. N.D. Chullai, AAG with
                                   Ms. Z.E Nongkynrih, GA
    
    
                                                                      Page 1 of 5
                                                                   2026:MLHC:174
    
    
    
    ____________________________________________________________
    i)   Whether approved for reporting in        Yes/No
         Law journals etc:
    
    ii)    Whether approved for publication                    Yes/No
           in press:
    
    
                       JUDGMENT AND ORDER (ORAL)

    1. The brief facts of the case are that the petitioner was appointed

    in the year 1993 as Laboratory Technician in the Department of Health &

    SPONSORED

    Family Welfare after being recommended by the Departmental Selection

    Committee. The services of the petitioner was then confirmed in the year

    2019 by the Director of Health Services (MI), but strangely vide order dated

    18.03.2023, the respondent No. 3 issued a list of adhoc appointees who were

    to be regularized and the name of the petitioner was on the said list. The

    petitioner being aggrieved with the said order, is before this Court by way

    of the instant writ petition.

    2. Mr. K. Paul, learned Senior counsel assisted by Mr. B.

    Snaitang, learned counsel for the petitioner has submitted that the petitioner

    had initially been appointed since 06.08.1993, and was confirmed vide order

    dated 24.01.2019. The petitioner he submits, serving against a permanent

    sanctioned post was given all the benefits accruing from her service such as

    ACPS etc. apart from the fact that from the date of initial appointment, she

    was placed in a regular scale of pay with usual allowances as permissible

    Page 2 of 5
    2026:MLHC:174

    under the Rules. However, he submits the State respondents by the

    impugned order dated 18.03.2023, have shown her to be serving in an adhoc

    capacity and regularized by the said order. The learned Senior counsel

    submits that the placing of the petitioner in an adhoc status after

    confirmation in service, is clearly erroneous and illegal, inasmuch as, it will

    cause a severe impact on her services and accrued benefits, such as

    consideration of her length of service for the purposes of pension etc., He

    therefore, submits that the impugned order as far as it concerns the petitioner

    being irrational, is liable to be not be given effect to.

    3. Mr. N.D. Chullai, learned AAG assisted by Ms. Z.E

    Nongkynrih, learned GA for the State respondents submits that the post

    against which the petitioner was appointed was a temporary non-gazetted

    post which received sanction for permanent retention on 15.05.2015, and

    that though the petitioner was confirmed against the post, her services was

    regularized vide the order dated 18.03.2023 on completion of the Special

    Interview conducted by the Department Selection Committee, and as such

    her services are to be counted from the date of regularization. He submits

    that this being the position, the petitioner was not entitled to any further

    relief.

    4. Having heard learned counsel for the parties, this Court in

    consideration of the facts and on examination of the materials, notes that

    Page 3 of 5
    2026:MLHC:174

    from the time of initial temporary appointment which was by way of a

    Departmental Selection Committee, the petitioner has been afforded all the

    trappings of regular employment i.e. applicable pay scale, allowances and in

    the course of service also given benefits under the ACPS. The confirmation

    granted on 24.01.2019, was also by the competent authority against a

    permanent sanctioned post, and as such therefore, there was no element of

    the employment being adhoc or temporary in nature. The impugned order

    dated 18.03.2023, regularizing the petitioner therefore, would amount to just

    a formality considering the fact that in the normal course of employment, an

    employee is confirmed after regularization.

    5. At this juncture, reference can be made to a letter dated

    03.12.2014 (Annexure-2 to the additional affidavit of the petitioner) issued

    by the Under Secretary, Finance (Pay Revision) Department addressed to the

    Director of Health Services (MI), wherein it has been clarified that: –

    “1. An employee who has been confirmed in the post is a
    substantive holder of the post. In other words, he is a
    permanent employee of the Government irrespective of
    whether his service has been regularized or not. Therefore,
    the length of service should be counted from the date of initial
    appointment”.

    As such, it is clear for a confirmed employee, the length of

    service should be counted from the date of initial appointment. In the case

    of the petitioner therefore, the length of service is to be counted from the

    Page 4 of 5
    2026:MLHC:174

    date of initial appointment i.e. 06.08.1993, which would therefore render the

    order dated 18.03.2023, redundant as far as her services are concerned.

    6. Accordingly, the writ petition is allowed and disposed of with

    the direction that the impugned order dated 18.03.2023, as far as the

    petitioner is concerned is set aside and shall not be given effect to, and

    further her services shall be reckoned from the date of initial appointment

    for the purposes of pension and other admissible terminal benefits.

    JUDGE

    Meghalaya
    12.03.2026
    “V. Lyndem- PS”

    Signature Not Verified Page 5 of 5
    Digitally signed by
    VALENTINO LYNDEM
    Date: 2026.03.12 18:09:33 IST



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