GEORGE LALROMAWIA, JOINT DIRECTOR, SOIL & WATER CONSERVATION DEPARTMENT, GOVT OF MIZORAM Vs. STATE OF MIZORAM

JUDGEMENT

(1.) ON 13.1.1988, the petitioner joined as Assistant Soil Conservation Officer in the Department of Soil & Water Conservation Department, Govt. of Mizoram pursuant to the appointment order dated 17.12.1987. The respondent No. 3 was also appointed by the same order dated 17.12.1987 and he joined to the post on 11.2.1988.

(2.) HEARD Mr. M. Zothankhuma, learned senior counsel assisted by Mr. Lalfakawma, learned counsel appearing for the petitioner as well as Mr. Lalsawirema, learned Govt. Advocate appearing for the State respondents. None appeared for the Respondent No. 2 despite service of notice being complete.

(3.) MR . M. Zothankhuma, learned senior counsel appearing for the petitioner submits that the respondent No. 3 was allowed to hold the charge of Director, Soil and Water Conservation Department when the then incumbent had retired, though he did not have the qualifying 5 years of service as required by the Recruitment Rules of 1987. He also submits that the extension of service given to the respondent No. 3 was in violation of the Central Fundamental Rule 56 (FR 56) which is applicable to the Government employees of Mizoram. He submits that FR 56(d) clearly stipulates that no government servant shall be granted extension in service beyond the age of retirement of 60 years except under certain circumstances. The manner in which the service of respondent No. 3 has been extended beyond his date of superannuation is not covered by the exception provided under FR 56 (d).