MARINA LALTLANMAWII Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R Malhotra, learned counsel for the petitioners, Mrs. Linda L Fambawl, learned Government Advocate for the State respondents and Ms. Zairemsangpuii, learned CGC for the respondent Union of India.

(2.) By filing this writ petition under Sec. 226 of the Constitution of India, the petitioners have challenged the impugned notification issued under Memo No. A. 11013/1/2010 EDN dtd. 22/4/2010(Annexure-4) by which, 1305 posts of Hindi Teachers under Centrally Sponsored Scheme (CSS) of financial assistance for appointment of language Teachers was created to be filled up on contract basis and co-terminus with the scheme of central funding. The break-up of the posts is 389 posts for High School Hindi Teacher and 916 posts for Middle School Hindi Teacher.

(3.) The facts of the case in brief is that pursuant to the creation of posts vide the impugned Notification dtd. 22/4/2010, the Director of School Education (respondent No.4) issued an advertisement for filling up of the posts that was created and the petitioners accordingly applied for the same. On being selected, the petitioner Nos. 1 to 375 were temporary engaged as High School Hindi Teachers under the CSS on contract basis at a fixed remuneration of Rs.9750.00 up to 31/3/2011 subject to acceptance of terms and conditions as allowed in the agreement to be signed by the parties vide Office Order dtd. 18/2/2011 (Annexure-6). The engagement of the petitioner Nos. 1 to 375 were subsequently extended from time to time by the respondent No. 4 and their fixed pay was also enhanced to Rs.29,000.00 per month. Lastly, the respondent No. 4 vide Office Order dtd. 2/6/2016 (Annexure12) extended the engagement of the petitioner Nos. 1 to 375 on contract and co-terminus basis w.e.f 1/3/2016 to 28/2/2017 at a fixed remuneration of Rs.29,000.00 per month.