SANGHLUPUII, STAFF NURSE Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. C. Lalramzauva, learned senior counsel assisted by Mr. Johny L. Tochhawng, learned counsel appearing for the petitioner as well as Mr. Lalsawirema, learned Government Advocate, appearing for the respondent Nos. 1, 2 & 3.

(2.) THE learned senior counsel appearing for the petitioner submits that the respondents had issued an office order dated 26th July, 2012 containing the second provisional interse seniority of Staff Nurse wherein the petitioner has been shown below the respondent Nos. 5 -12 without taking into account the period rendered by the petitioner on officiating basis. He also submits that, being aggrieved by the said placement, she had submitted a representation to the Director of Health Service, Mizoram, Aizawl praying for correction of her placement in the said second provisional interse seniority list. The said representation was rejected by the Director, Hospital and Medical Education, Mizoram, Aizawl by letter dated 17th December, 2012. Having no alternative, the petitioner has approached this Court challenging the said second provisional interse seniority list of staff nurse issued by the respondent No. 3 vide office order dated 26th July, 2012.

(3.) MR . Lalsawirema, learned Government Advocate appearing for the respondent Nos. 1 to 3, in his usual fairness has also submitted that the present case is fully covered by the judgment and orders passed by this Court in the aforesaid three cases. He, however, submits that this Court may give an observation that it may not be a bar for the State respondents to incorporate the provisions for counting of seniority of its employees in the concerned service rules. This Court, however, considers it not appropriate to pass such observations inasmuch as amendment of service rules is within the prerogative of the State respondents.