SRI DONATUS ENGZANANG Vs. STATE OF MIZORAM

JUDGEMENT

(1.) By this application under Article 226 of the Constitution the pettioner has challenged the recommendation of the Mizoram Public Service Commission (in short MPSC) recommending the respondent No. 9-Pu. C. Lalmalsawma to the post of Vice- Principal, Sericulture Training Institute, Zemabawk, Aizawl and also the order dated 5.11.97 passed by the State Government promoting the respondent No. 9 to the said post on such recommendation.

(2.) I have heard Mr. A.R. Malhotra, learned Counsel for the petitioner, Mr. N. Sailo, learned Government Advocate for the respondent Nos. 1. 2, 3, 4 and 9 and Mr. Lalswata, learned Counsel for the respondent Nos. 5, 6, 7 and 8. I have also considered the records of the case.

(3.) The admitted facts may be briefly stated as follows. Both the petitioner and the respondent No. 9 were appointed as Extension Officer under the Directorate of Industries, Government of Mizoram in the year 1976. Petitioner was promoted to the post of Superintendent of Sericulture in the month of August, 1982 and the respondent No. 9 in the month of February, 1984. Both of them were promoted to the post of District Sericulture Officer by the same order dated 27.6.88 and both of them were confirmed in the post of District Sericulture Officer by the same order dated 5.1.93. The Assistant Director of Sericulture and the District Sericulture Officer and group 'A' officers in the same rank. The State Government by Notification-dated 7.12.93 fixed the final inter-se-seniority of Group 'A' officers, according to which the petitioner is senior to the respondent No. 9, -the former being placed at serial No. 3 and the latter at Sl. No. 4