LALZARMAWIA KAWNPUI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioner and Mrs. H. Lalmalsawmi, learned Govt. Advocate who appears for all the respondents.

(2.) Brief facts of the case essential for disposal of the writ petition may be noticed at the outset. The petitioner was appointed as Junior Engineer under the Directorate of Urban Development and Poverty Alleviation Department (UD&PA) on contract basis at a fixed monthly remuneration with effect from 12/11/2009 up to 28/2/2010 upon being recommended by the duly constituted DPC which held its meeting on 13/10/2009. The service of the petitioner was extended from time to time and consequently, he was regularized in service on the recommendation of the Mizoram Public Service Commission (MPSC) with effect from the date of joining the post by Notification dtd. 20/12/2016. Upon completion of probationary period successfully, which was for two (2) years, the petitioner along with another person were confirmed in service with immediate effect. The petitioner is also at Sl.No. 1 of the final seniority list of Junior Engineer in the Pay Level 7 of the Pay Matrix under the UD&PA Department.

(3.) The case of the petitioner is that the next promotion from the post of Junior Engineer is to the post of Assistant Engineer as per the Mizoram Urban Development and Poverty Alleviation Department (Group 'A' post) Recruitment Rules (Rules of 2012). As per the Rules of 2012, there are two (2) sanctioned post of Assistant Engineer and the method of recruitment is 50% by direct recruitment and remaining 50% by promotion, failing which, by deputation. The Rules of 2012 was amended by the Mizoram Urban Development and Poverty Alleviation Department (Group 'A' post) Recruitment (Amendment) Rules, 2015 (Amendment Rules of 2015). As per the said amendment, the sanctioned post has been increased to four (4) posts and the quota meant for direct recruitment is 75% and for promotion quota 25%, failing which, by deputation.