DARTHANGVUNGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Joseph L. Renthlei, the learned counsel for the petitioners, Mr. C. Zoramchhana, the learned Addl. Advocate General for the State respondent Nos. 1 to 4 and Mr. B. Lalramenga, the learned counsel appearing for the private respondent Nos. 5 and 6.

(2.) The facts of the case as projected by the petitioners may briefly be noticed at the outset. The petitioners are Diploma Engineers and the private respondent Nos. 5 and 6 are Graduate Engineers. They were all appointed under the Public Health Engineering Department (PHE Department). The petitioners were promoted to the Junior Grade of the Mizoram Engineering Service (MES for short) on 29.03.2000 and on 29.01.2001 respectively. Whereas, the respondent Nos. 5 and 6, both Graduate Engineers entered the MES in the same Grade on 20.12.1996 and 30.12.1997 respectively.

(3.) The State Government in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India framed the Mizoram Engineering Service Rules, 2013 (Rules of 2013), which governs the service conditions of Engineers working under the PHE Department amongst others. The next grade for promotion from the Junior Grade of the MES is to the Senior Grade in Pay Band-3 and in the scale of Rs. 15,600- 39,100/- with Grade Pay Rs. 6,600/- per month. In order to be considered for promotion to the Senior Grade of the MES which is by selection method, one must have completed not less than 5 years of continuous regular service in the Junior Grade and should have passed Departmental Examination in Engineering and Accounts conducted by the Mizoram Public Service Commission (MPSC). Rule 22(5) of the Rules of 2013 further provides that 80% of the post shall be reserved for Graduate Engineers and 20% of the post for Non-Graduate Engineers and further, the reservation system shall be discontinued after all the present incumbents NonGraduate Engineers in Junior Grade as on the date of the commencement of the Rules get promoted, expired, retired or quitted from service by any means. As per the Schedule prepared in terms of Rule 6 and appended to the Rules of 2013, the total cadre strength under the PHE Department is 109, which includes 29 posts in the Senior Grade and 68 posts in the Junior Grade.