J LALREMRUATA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The facts relevant in this case are that the petitioners were selected by the respondent-Govt of Mizoram to undergo training of the course of Diploma in Engineering under different disciplines at HIET (Hindustan Institute of Engineering and Technology) sometimes in the year 1982 to 1985. That after successful completion of the Diploma course in Engineering under different disciplines from HIET, the petitioners on coming back to Mizoram were appointed as Junior Engineer Grade II on ad-hoc basis on different dates between 1985 and 1987.

(2.) The petitioners' appointments were made under the Rules, known as the Mizoram PWD (Class in Posts) Recruitment Rules, 1975, which provides that for appointment to the post of Junior Engineer/Overseer Grade II, the educational qualification required is Matriculate/Higher Secondary with study upto the final year of diploma course, while the education qualification required for appointment to the post of Junior Engineer/Overseer Grade I is Diploma in appropriate branch of Engineering. While the petitioners were working as Junior Engineer Grade II and while they were expecting that they would be given appointment in the post of Junior Engineer Grade I, as provided in the relevant Recruitment Rules and as was in practice, the respondent No.3 had issued the order under Memo No. F-13011/9/88-CE(P)/43 dated 6.6.89 whereby the appointment of the petitioners as JE Grade II were converted as Senior Electrician Grade II in the scale of pay of Rs. 1,200-2,040 PM, on the ground that the Diploma acquired by the petitioners from the HIET being only of two year course, could not be accepted to be at par with the three year Diploma course from other institutes recognized by the Govt of Mizoram.

(3.) The petitioners, being aggrieved by the above mentioned order dated 6.6.89 converting their appointment from JE Grade II to Senior Electrician Grade II, had approached the Gauhati High Court by filing a writ petition on the ground that the post of Senior Electrician Grade n was lower in rank and has a lower pay scale. The said writ petition was registered as Civil Rule No.25 of 1991 by the Gauhati High Court and was disposed of vide its judgment dated 24.3.94 wherein the High Court was pleased to quash the order dated 6.6.89 passed by the respondent No.3 and the petitioners were allowed to continue in their posts as Junior Engineer Grade n. Pursuant to the judgment dated 24.3.94 passed by the High Court, the respondent No.3 had passed the order under Memo No. C.18012/11/91-CE(P) dated 17.8.94 quashing the earlier order dated 6.6.89 converting the appointment of the petitioners from Junior Engineer Grade II to Senior Electrician Grade n with immediate effect. Aggrieved by the aforesaid order dated 17.8.94 Sh Lalthanliana and Sh F. Lalhmingliana, who were also amongst the petitioners in the earlier writ petition, had again filed a writ petition in the High Court for quashing of the order dated 17.8.94, apart from some other reliefs. The writ petition was registered as WP (C) No.25 of 1996 and by judgment and order dated 26.11.99 the High Court directed the respondents to ignore the words 'with immediate effect' in the order dated 17.8.94 apart from other directions The challenge in the writ petition was to the words 'with immediate effect' taking it to be an order of appointment from the date it has been passed and not from the date 6.6.89 when the petitioners' services were converted into the post of Senior Electrician Grade II. As the result of the judgment of the High Court the impediment in treating the petitioners along with the writ petitioners in that case to be treated to have been appointed from the date of the issuance of the order, i.e. 17.8.94 was set at naught.