V. L. ZIRCHHUANAWMI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioners, Mrs. H. Lalmalsawmi, learned Govt. Advocate for the respondent Nos. 1, 2, 3 and 4 and Mrs. Dinari T. Azyu, learned counsel for the respondent Nos. 6, 7, 8 and 9. No one appears for the respondent No. 5 i.e., the Mizoram Public Service Commission. On 12/1/2022, on the submission made by the learned Standing Counsel for the respondent No. 5, it was recorded that the respondent No. 5 will not be filing any affidavit-in-opposition against the writ petition.

(2.) The 2 (two) writ petitioners have filed the instant writ petition with the following prayer:

(3.) Facts essential for disposal of the writ petition is that the petitioner Nos. 1 and 2 vide Notifications dtd. 5/9/2008 and 25/5/2010 respectively were appointed as Assistant Engineer/Sub-Divisional Officer (AE/SDO) (Civil) under the Public Works Cadre of the Mizoram Engineering Service under the Public Works Department (PWD) which is cater-gorized as Grade-V of the Engineering Service. The respondent Nos. 6 to 9 were also appointed as A.E/SDO (Civil) under the Public Works Cadre of the Public Works Department vide Notification dt. 25/5/2010, similar to the petitioner No. 2. As per the final inter-se-seniority of AE/SDO Grade-V or Junior Grade published vide Office Memorandum dtd. 2/6/2015, the names of the petitioner Nos. 1 and 2 appear at Serial Nos. 53 and 59 respectively. The names of the private respondent Nos. 6, 7, 8 and 9 appear at Serial Nos. 58, 61, 62, 63 respectively. As per Rule 22 (5) of the Mizoram Engineering Service Rules, 2013 (Rules of 2013) which came into force with effect from 23/9/2013, the next higher grade i.e., Senior Grade of the Engineering Service can be filled up from amongst the members of the service in the Junior Grade who have completed not less than 5 years of continuous regular service in the grade and have passed departmental examinations in Engineering and Accounts conducted by the MPSC by selection method. 80% of the posts are reserved for graduate engineers while 20% of the posts are meant for the non-graduate engineers.