LAWS(GAU)-2020-11-4

P. LALNUNTHARA Vs. STATE OF MIZORAM

Decided On November 06, 2020
P. Lalnunthara Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) This order will dispose of both the writ petitions as they involve similar and identical issues. There are 4 (four) petitioners in WP(C) No. 96/2017 while there is only 1 (one) petitioner in WP(C) No. 90/2018. As for the respondents, they are one and the same in both the cases.

(2.) Heard Mr. A.R Malhotra, learned counsel for the writ petitioners and Ms. Mary L. Khiangte, learned Government Advocate appearing for the State respondent Nos. 1 to 4. Also heard Mr. J.C Lalnunsanga, learned Standing Counsel, Mizoram Public Service Commission (MPSC) appearing for respondent No. 5 and Mr. L.H Lianhrima, learned Senior Counsel assisted by Ms. Ruth Lalruatfeli, for the respondent No. 7.

(3.) The case of the writ petitioners in brief is that on the recommendation of the MPSC, they were appointed to the post of Asst. Engineer/Sub-Divisional Officer (AE/SDO) in the Minor Irrigation Department (Irrigation Department), Government of Mizoram in order of merit and with effect from the date of their joining service. The post of AE/SDO is classified as General State Service, Group "A" Gazetted and Non-ministerial. The State Government, in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, framed the Mizoram Engineering Service Rules, 2013 (MES Rules) and the same came into force with effect from the date of its publication in the Mizoram Gazette i.e., 23.09.2013. Apart from the Irrigation Department, the MES Rules is applicable to other Departments such as Public Works, Public Health Engineering, etc.