LALHMINGLIANA BAWITLUNG Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The basic facts leading to initiation of this writ proceeding are as follows:

(2.) The seven (7) petitioners who are presently working as Executive Engineer in the Public Works Department, Government of Mizoram were all seniors to the respondent Nos. 5 and 6 in the substantive grade of Assistant Engineer/Sub Divisional Officer. The respondent No. 5 was senior to the respondent No. 6 in the said grade.

(3.) A selection for promotion to the next higher grade of Executive Engineer was conducted by the Mizoram Public Service Commissioner (in short MPSC) as per the provisions of Mizoram Engineering Service Rules, 1995. Such selection was conducted by the MPSC as per the requisition placed by the State Government. As per Scheduled-B of the said rules the post of Executive Engineer is in Engineering Grade-IV Service and is a selection post. The selection was conducted by the MPSC and recommended nine (9) officers against five (5) existing vacancies and two future vacancies of Executive Engineer. In the recommendation, the names of respondent No. 6 and the petitioner Nos. 2 to 6 were included in that order. The recommendation in respect of the petitioner No. 1 was kept in sealed cover in view of on-going departmental proceeding. One Shri Zohmachhuana was at the top of the recommendation. While Shri Zohmachhuana and the respondent No. 6 included at serial No. 1 and 2 of the recommendations were graded as "very good". The petitioner Nos. 2 to 6 were graded as "Good".