Z R THASANGZUALA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. A.R. Malhotra, learned counsel apearing for the petioner as wel as Mr. Aldrin Lalawmzuala, learned Aditonal Advocate General, Mizoram apearing for the State respondents.

(2.) BY this writ petion, the petioner is chalenging the impugned ofice memorandum dated 30.4.2004 isued by the Financial Commisioner, Government of Mizoram whereby it was provided that no incentive for acquiring higher/fresh qualifcation shal be admisible except for the qualifcation listed in the anexure apended thereto.

(3.) MR . A.R. Malhotra, learned counsel apearing for the petioner submits that the petioner on recommendation of Mizoram Public Service Commision was apointed to Grade 'V' of Mizoram Enginering Service (PHE Cadre) by a notifcation dated 14.12.2000. Subsequently, petioner was confirmed as Enginering Grade -V by order dated 28.2.2003 w.e.f. 16.12.2002. Thereafter, the petioner was nominated and selected by the respondents for pursuing PG Course for the sesion 2003 -2004 at the Al India Instiute of Hygiene and Public Health Enginering/Environmental Enginering, Kolkata. Acordingly, the petioner was released from his ofice w.e.f. 16.7.2003 to enable him to join PG Course of M.E.(PH) at AIH and PH, Kolkata by ofice order 16.7.2003. Further, by another order/notifcation dated 16.7.2003, the Department of PHE, Government of Mizoram in relaxation of Rule 50 (5) (1) of CS (Leave) Rules, 1972, the petioner was granted 24 months study leave w.e.f. 1.7.2003 or with efect from the date of availng for pursuing P.G. Course for the Sesion 2003 -2004 at Al India Instiute of Hygiene and Public Health Enginering/Environmental Enginering, Kolkata. The petioner proceded for pursuing P.G. Course and completed the same in the year 2004 and a certifcate to that efect was isued to the petioner in the year 2006.