ZOSANGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution of India has been filed by 331 petitioners to challenge the order communicated vide Letter No.E 1206/6/2004-Edn/Part dated 20.01.2009 (Annexure-17) and a letter No. E/12016/11/06 dated 08.06.09 (Annexure-18).

(2.) BY the letter dated 20.01.09, it was informed to the Director, School Education, by the Under Secretary to the Government of Mizoram, School Education Department that the Government had conveyed approval to engage 497 Primary School Hindi Teachers under Central Sponsored Scheme (CSS) up to 31.03.09 and, therefore, instructed him to allow 497 Primary School Hindi Teachers to continue their engagement till 31.03.09 only at the same rate of salary.

(3.) THE writ petitioners have stated that they had undergone written test and personal interview for appointment to the aforesaid 500 posts of Primary School Hindi Teachers and the DPC had made recommendation in favour of 500 candidates including the present petitioners and the same was approved by the Government, vide letter dated 05.07.06. This approval had cleared the deck for their appointment, and, accordingly, the petitioners were appointed by an order dated 17.07.06 as Primary School Hindi Teachers under the Government of Mizoram, on contract basis at a fixed remuneration of Rs.6900/- p.m. w.e.f. the date of joining duty till 12.12.06, though, as per the advertisement, the appointment should be co-terminus with the scheme. It was pleaded by the petitioners that they were allowed to continue in their respective posts till 31.03.09 at the same rate of remuneration of Rs.6900/- p.m. THEre was further development, when the Government of Mizoram, by an order dated 11.02.09 accorded sanction to the retention of 5682 numbers of temporary posts under School Education Department including 500 posts of Primary School Hindi Teachers for a period of 1(one) years w.e.f. 01.03.09 to 28.02.10. By a subsequent order dated 16.02.10, retention of the aforesaid 5682 numbers of temporary posts was made for a further period of one year. THE respondents 1, 2 and 3 had also taken necessary steps for absorption of 500 Primary School Hindi Teachers by framing a Rule called Mizoram Education and Human Resources Development Department (Group 'C' post) Recruitment Rules, 2007, and the same was notified by Notification dated 10.08.07. It is stated by the petitioners that inspite of creation of the aforesaid 500 posts, the petitioners were not absorbed and on the contrary, letters dated 20.01.09 and 08.06.09, which were noted herein before, were issued.