VANLALHMANGAIHA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) By invoking Article 226 of the Constitution of India, the petitioner has filed this writ petition praying for a direction to the respondents to change the nomenclature of his engagement from Muster Roll (MR) Despatch Rider to MR Lower Divisional Clerk (MR LDC) with effect from his initial date of appointment i.e. 3/12/2008. He has also prayed for setting aside the impugned Communication dtd. 3/10/2019 by which his prayer for change of nomenclature was rejected. The further prayer of the petitioner is for a direction to the respondents to include him in the seniority list of MR LDC w.e.f. 03/12/2008.

(2.) Brief facts essential for disposal of the writ petition is that the petitioner who is a Graduate in Arts and having a Diploma Certificate in Computer Application was engaged as MR Despatch Rider under the establishment of the respondent No. 4 w.e.f. 3/12/2008. His initial engagement was for a period of 89 days i.e. w.e.f. 3/12/2008 to 1/3/2009. Thereafter, the same got extended from time to time. According to the petitioner, although he was engaged as MR Despatch Rider, he is assigned with duties and functions which ordinarily are to be performed by LDC. Since the petitioner is proficient with Computer application, he is assigned with Computer related works. In fact, the petitioner was selected and sent for Computer Training at the Advanced Training Institute Kolkata. He undertook the training w.e.f. 9/7/2015 to 11/7/2015 and was given a Certificate of Proficiency.

(3.) The petitioner having come to learn that there is no sanctioned post of Despatch Rider under the establishment of the respondent No. 4 submitted an application to the respondent No. 4, requesting the change of his designation from MR Despatch Rider to MR LDC vide his application dtd. 20/9/2018. The same was then forwarded by the respondent No. 4 to the Under Secretary to the Government of Mizoram, Labour, Employment, Skill Development and Entrepreneurship Department (LESDE Department) vide letter dtd. 21/9/2018. By the said communication, the respondent No. 4 made favorable proposal for re-designation of the petitioner alongwith one Smt. J. Lalhlunchhungi, who was engaged as MR Computer Operator for change of their nomenclature to LDC. As there was no response to the proposal, the respondent No. 4 once again vide letter dtd. 30/4/2019 made a second proposal for re-designation of the petitioner and Smt. J. Lalhlunchhungi as MR LDC. The proposal however came to be rejected after the Department of Personnel and Administrative Reforms (ARW)-(DP&AR (ARW)) was consulted on the ground that the post of LDC carried higher pay and therefore, the proposal could not be considered. The same was communicated to the respondent No. 4 by the Under Secretary to the Government of Mizoram, LESDE Department vide letter dtd. 18/6/2019 (Annexure 19).