C LALENGZAUVA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. L.H. Lianhrima, learned Senior Counsel assisted by Ms. Ruth Lalruatfeli, learned counsel for the petitioners in WP(C) No.60 of 2019 and Mr. A.R. Malhotra, learned counsel for the respondent Nos. 5 to 9. Also heard Mr. Joseph L. Renthlei, learned counsel for the petitioner in WP(C) No.62 of 2019 and Mr. A.R. Malhotra, learned counsel for the respondent Nos. 5 to 11. Mr. C. Zoramchhana, the learned Addl. Advocate General, Mizoram appears for the State respondents in both the writ petitions.

(2.) Wp(C) No. 60 of 2019 pertains to Public Works Department (PWD for short) while WP(C) No. 62 of 2019 pertains to Public Health Engineering Department (PHE Department for short). Since the issue involved in both the cases are similar i.e., seniority between Diploma and Graduate Engineers, they are being disposed of by this common judgment and order.

(3.) The brief facts of the case in WP(C) No. 60 of 2019 is that the petitioners, who are 28 in numbers are Graduate Engineers and they were directly appointed to the Mizoram Engineering Service (MES for short). They are aggrieved with the fixation of separate seniority list for Graduate Engineers and Diploma Engineers in the Senior Grade of the MES under the PWD. According to them, reservation between Graduate and Non-Graduate Engineers is to be discontinued after all the present incumbent Non-Graduate Engineers in the Junior Grade as on the date of the commencement of the Mizoram Engineering Service Rules, 2013 (Rules of 2013 for short) get promoted, expired, retired or have quitted the service by any means. They contend that all the Non-Graduate Engineers in the Junior Grade of the MES as on the date of the commencement of the Rules of 2013 except for one Mr. O. Hari Mohan Singha have either been promoted or have retired from service and therefore, fixation of separate seniority list between Graduate Engineers and Diploma Engineers is not justified.