MIDDLE SCHOOL TEACHERS ASSOCIATION Vs. STATE OF MIZORAM

JUDGEMENT

(1.) WP (C) No. 58/2014 and WP(C) No. 59/2014 are being taken up together inasmuch as the facts and reliefs sought in the writ petitions are identical.

(2.) WP (C) No. 58/2014 has been filed by the Middle School Teachers Association, Sub -Headquarter, Lawngtlai represented by its President and the members of the said Association are reflected at paragraph 1 of the writ petition. WP(C) No. 59/2014 has been filed by the petitioners numbering 145 and they are from the District of Saiha.

(3.) PETITIONERS in both the writ petitions were selected and appointed as Middle School Headmasters, teachers and Group 'C' and 'D' staff after undergoing a selection process conducted by the respective Managing Board of different Middle Schools in the districts of Lawngtlai and Saiha. Pursuant to a decision of the Council of Ministers, the petitioners were transferred to the three Autonomous District Council within whose territorial jurisdiction they were located by a notification dated 18th August, 1994. The petitioners were transferred with the further condition that the teaching and non -teaching staff of Government Middle School will be governed by the terms and conditions appended at annexure 'B' of the said notification. Such transfer of the petitioners were made without their consent. As there were some discrepancies with regard to the terms and conditions of the service of the petitioners, they had approached this Court by way of WP(C) No. 115/2003 for redressal of their grievances. By judgment and order dated 10.8.2007, this Court had set aside the notification dated 1.8.1994 with further direction that the petitioners so transferred shall enjoy the status of Government servants on deputation to the District Councils but without any deputation allowance. Accordingly, the respondents in compliance of the judgment and order dated 10.8.2007 issued notification dated 5.2.2008 restoring all non -Government Middle School and the teaching and non -teaching staff to their earlier position before 1.8.1994 with effect from 1.4.2008.