MELONY ZOREMSANGI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R Malhotra, learned counsel for the writ petitioner and Mrs. H. Lalmalsawmi, learned Government Advocate appearing for the respondents.

(2.) The short controversy involved in the present writ petition is as to whether the petitioner can be granted 2 (two) service increments as per the incentive provided under Rule 29 of the Mizoram Engineering Service Rules, 2013 (Service Rules of 2013), as she had obtained the Degree of Master of Technology in Irrigation Water Management from the Indian Institute of Technology, Roorkee on 14/11/2009.

(3.) Facts of the case in brief is that the petitioner after obtaining a Degree of Bachelor of Technology in Agricultural Engineering in the year 2002, obtained the aforesaid Master Degree on 14/11/2009. Thereafter, on being recommended by the Mizoram Public Service Commission (MPSC), she was appointed as an Asst. Engineer under the Minor Irrigation Department vide Notification dtd. 26/9/2011 (Annexure-3). The Service Rules of 2013 was notified in the Mizoram Gazette on 23/9/2013 on which date, it came into force and apart from other Departments, the Minor Irrigation Department came to be governed by the same. Rule 29 provides that the member of the service who obtained higher technical educational qualification than the prescribed qualification for direct recruitment under Rule 11(a) shall be given incentives. For the purpose of the present writ petition, the petitioner being a Post Graduate, the incentive would be 2 (two) increments.