SH. LALFAMKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioner and Ms. Linda L. Fambawl, learned Government Advocate, appearing for the State/respondent Nos. 1 to 4. None appeared for the Proforma Respondent No. 5 although the notice was duly served on him.

(2.) This petition under Article 226 of the Constitution of India is filed by the petitioner challenging the decision of the respondents/Health and Family Welfare Department, Government of Mizoram refusing to count his period of officiating service in Grade IV (Driver), w.e.f. 06.09.1990 till 06.08.1993, for the purpose of upgradation to the post of Driver, Grade- II and for his subsequent upgradation to Driver, Grade- I and further, to Driver, Special Grade with all service benefits.

(3.) The petitioner's contentions, in brief, are that by a common Office Order, dated 6.9.1990, he was appointed as an Officiating IVth Grade for utilization of his services as Driver along with 6 (six) others in the respondents' Department of Health Services, Mizoram. The petitioner was subsequently appointed as Driver against sanctioned post by an Office Order, dated 06.08.1993. Thereafter, on completion of 5 (five) years of regular service as Driver, he was promoted to Driver, Grade- II (nonfunctional) w.e.f. 06.08.1998 and confirmed his service w.e.f. 06.08.1993, that is, the date of his regular appointment to the post of Driver. On completion of 15 (fifteen) years of service, the petitioner, who was functioning as Driver, Grade-II, was upgraded to Driver, Grade- I (non functional) w.e.f. 01.08.2008. In the meantime, the Government of Mizoram framed the Mizoram Driver Recruitment Rules, 2009 ('R/R, 2009' for short), repealing all the previous rules pertaining to the cadre post of Driver in the State of Mizoram, which came into force on 04.06.2009, with the publication of the aforesaid Rules in the Mizoram Gazette. As per the aforesaid R/R, 2009, those Drivers in Grade- III/Entry Grade having 5 (five) years of regular service are made eligible for promotion to the post of Driver, Grade-II, and those Driver, Grade-II having 10 (ten) years of regular service are made eligible for promotion to the post of Driver, Grade- I and likewise, the Driver, Grade- I having 25 (twenty five) years of regular service reckoned from the date of appointment in Driver, Grade- III are made eligible for promotion to the post of Driver, Special Grade, by selection method. The petitioner has contended that though similarly situated with the Proforma Respondent No. 5, he was not given the benefit of counting of his officiating service period in Grade IV utilized as Driver throughout for the purpose of determining his length of service as Driver for upgradation to the higher grade of Driver, Special Grade.