ER. R. LALRINKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. S. Pradhan, learned counsel for the petitioner, Ms. Mary L. Khiangte, learned Government Advocate appearing for the State respondents and Mrs. Dorothy Lalrinchhani, learned counsel for the respondent No. 6.

(2.) The Power & Electricity Department, Government of Mizoram had only 2(two) sanctioned post of Superintending Engineer (Civil) and they were filled up by one Er. T. Thanzagin and one Er. N. Ranjit Singh (respondent No. 7). In the year 2017, the rule namely, the Mizoram Engineering Services Rules 2013 was amended and the same rule governs all the Engineering Services in the State. As per the schedule of the new rule, the cadre strength of Selection Grade (Superintending Engineer) was only two. The respondent Nos. 5 and 6, who were Superintending Engineers but posted in other departments filed a writ petition praying for a direction to bring them to the Power & Electricity Department. Following the disposal of the writ petition, the Government of Mizoram vide Notification No. A. 11013/7/2007-P & E, dated 17.02.2012, created 2(two) supernumerary posts of Superintending Engineer (Civil) in the Office of Engineer-in-Chief, P & E Department and in those 2(two) posts, the respondent Nos. 5 and 6 were accommodated. In the said notification, a rider was added which stated as follows:-

(3.) On 31.03.2020, Er. T. Thanzagin, who was occupying a substantive post of the Superintending Engineer retired on superannuation and to the post vacated by him, the respondent No. 5 was absorbed and thereafter on 17.12.2020, he was promoted to the post of Chief Engineer. After his absorption, one of the supernumerary post was abolished and in the meantime, the respondent No. 7 retired on 30.09.2020.