The Meghalaya High Court has quashed the notification issued by the State government for creation of the post of Officer on Special Duty (OSD) in the Printing and Stationery Department.
In an order passed recently, the High Court said that the creation of the post was “unsustainable in law” and “violation of statutory rules”.
The court passed the verdict on the writ petition filed by Salgira R. Marak who challenged the order of the State government to appoint him as OSD in the Administrative Department of Printing and Stationery.
Marak was earlier the Director of Printing and Stationery. He moved the court stating that the post of OSD was outside the cadre in the directorate and that he was appointed to the post without his consent.
The High Court observed that “in a posting beyond the cadre of selection, an employee usually cannot be posted or transferred without his consent”.
“Though the courts have no role in determining the criteria, method and manner of recruitment or selection, ample jurisdiction is available to interfere into actions which are patently arbitrary or vitiated in any manner,” the High Court said.
