SH. H. LIANZELA, S/O H. KAPTHIANGA, R/O RAMHLUN VENGLAI, AIZAWL Vs. THE STATE OF MIZORAM, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF MIZORAM, AIZAWL,

JUDGEMENT

(1.) HEARD Mr. C. Lalramzauva, learned senior counsel for the petitioner, Mr. Aldrin Lallawmzuala, learned Addl. Advocate General of the State of Mizoram appearing on behalf of respondent Nos. 1 & 2 and Mr. M. Zothankhuma, learned senior counsel appearing on behalf of respondent No. 3/Mizoram Public Service Commission. The appellant has challenged the recommendation of respondent No. 3 for promotion of respondent No. 4 to Junior Administrative Grade and rejected the petitioner's prayer to consider his promotion to said grade.

(2.) THE petitioner was appointed to the Junior Grade of Mizoram Civil Services and has been holding the post of Under Secretary, State Election Commission, Mizoram. As per notification No. 23022/4/02 P & AR (CSW)/3 dated 25 -06 -2007, the inter se seniority of the petitioner was at serial No. 36 while the name of the respondent No. 4 was at serial No. 27 of the list. Although, respondent No. 4 was senior to petitioner as per the list, he (respondent No. 4) faced a departmental proceeding by which a minor penalty of withholding of promotion for a period of 2 years was imposed on him vide order dated 20 -09 -2007 with immediate effect. Before the expiry of term of the penalty on 17 -08 -2009, the respondent No. 2 forwarded the agenda papers for filing up of seven anticipated chain vacancies of Junior Administrative Grade of MCS during 2009 -10 to the Joint Secretary, DP & AR (GSW), Govt. of Mizoram and the Joint Secretary forwarded the agenda papers to respondent No. 3 for selection for promotion to seven posts. In the said list of eligible senior grade of MCS officers, the respondent No. 4 was included for consideration for promotion at serial No. 1 and the petitioner's name appeared at serial No. 9. The Mizoram Public Service Commission in their minutes of meeting to consider promotion to the Junior Administrative Grade of Mizoram Civil Service (MCS) held on 2nd September, 2009 held that findings regarding suitability of respondent No. 4 for promotion be placed in a separate sealed cover as he was undergoing a penalty of withholding of promotion for a period of 2 years which was to be ended on 20 -09 -2009. On 30 -09 -2009, seven Senior Grade MCS officers were promoted to Junior Administrative Grade of MCS.

(3.) THE Central Service Wing, Govt. of Mizoram vide office memorandum dated 24th January, 2005 has framed the procedure to be observed by the departmental promotion committee and clause 3.8 to 3.9 reads as under: -