R VANLALPARI Vs. LALRINSANGA

JUDGEMENT

(1.) This writ appeal is presented against the judgment and order dated 05.05.2016 passed by the learned Single Judge in the writ petition, W.P.(C) no. 70/2014. In the writ petition, the nine appellants herein were respondent nos. 5 to 13 whereas the respondent nos. 1 to 6 in this writ appeal were the petitioner nos. 1 to 6. The appellants herein have preferred this writ appeal on being aggrieved by and dissatisfied with the adverse effect the judgment and order of the learned Single Judge has brought in in respect of their inter se seniority positions in the inter se seniority list of Muster Roll Data Entry Operators vis-a-vis the positions of the respondent nos. 1 to 6 in the said list as well as for the interference made with the order of regularisation dated 19.06.2014 passed in favour of the appellant nos. 1 to 4 by the learned Single Judge.

(2.) The respondent nos. 1 to 6 as the writ petitioner nos. 1 to 6 [hereinafter referred to as 'the writ petitioners', for easy reference], had preferred the writ petition seeking setting aside and quashing of an office memorandum dated 16.07.2013; a letter dated 19.07.2013; a letter dated 02.08.2013; an office memorandum dated 18.09.2013; and an office order no. 27 of 2014-2015 dated 19.06.2014, the details about those would be adverted to in the subsequent part of this order, and for placing them above the private respondent nos. 5 to 13 therein i.e. the appellants nos. 1 to 9 herein [hereinafter referred to as 'the appellants', for easy reference] in the inter se seniority list of Data Entry Operators engaged on Muster Roll basis under the establishment of the respondent no. 4 i.e. the Chief Controller of Accounts, Accounts and Treasuries under the Finance Department, Government of Mizoram. The learned Single Judge has allowed the writ petition with a direction to the State respondents to publish a fresh seniority list of Muster Roll Data Entry Operators by placing the writ petitioners above the appellants. The regularisation order dated 19.06.2014 passed in favour of the appellant nos. 1 to 4 has also been set aside with the further direction to consider the matter of regularisation of Data Entry Operators afresh as per the Regularisation of Muster Roll Employees Scheme, 2000 and the fresh seniority list of Data Entry Operators to be made by the State respondents.

(3.) The subject matter of dispute between the two groups of employees is, in essence, the fixation of inter se seniority between them and the consequential action for regularisation to be taken on that basis. All of them were originally engaged as Muster Roll Employees in the establishment of the Chief Controller of Accounts, Accounts and Treasuries under the Finance Department, Government of Mizoram either in the capacity of Computer Operators or in the capacity of Data Entry Operators.