SH. VANHNUAILIANA Vs. STATE OF MIZORAM AMD ORS.

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution the Petitioner has prayed for quashing the final inter se seniority list (Annexure VI) which the Director of Accounts and Treasury, Government of Mizoram (Respondent No. 3) published on 17.8.83 and for declaring himself as senior to Respondents No. 5 to 12.

(2.) IN short the Petitioner's case is this: From 22.8.73 the Petitioner was serving as Accountant in the office of the Inspector General of Police, Mizoram. By a memo dated 1.5.75 (Annexure I) the Director of Community Development, Mizoram appointed him as Internal Auditor in his Directorate office. This appointment was made with approval of the DPC. In this appointment it was stated:

(3.) BY order No. 38.1983 -84 dated 17.8.83 (Annexure VI) the Respondent No. 3 published final seniority list in which the Petitioner was again shown as junior to Respondents No. 5 to 12. The Petitioner preferred another representation on 1.9.83 (Annexure VIII) to Respondents No. 3 for review of the final seniority list and in this representation he referred to letter No. CDE. 5/pt dated 15.5.80 addressed by the Director of Community Development to Under Secretary to the Government of Mizoram Finance Department, slating that in this letter (No. CDE. 5/pt) the Director communicated that the Internal Auditor accepted amalgamation "with a view to counting seniority in the cadre from the date of approval of the proposal for amalgamation or the dale of appointment in the present cadre, whichever is earlier".