ALDRIN MALSAWMTLUANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioner. Also heard Mrs. Mary L. Khiangte, learned Government Advocate appearing for the respondent Nos. 1 to 5 and Mr. B. Lalramenga, learned counsel appearing for the respondent No. 7. None appears for the respondent No. 6.

(2.) The petitioner is aggrieved with the final inter-se-seniority list dtd. 18/1/2019 of Scientific Officers under the Science and Technology Department, Government of Mizoram, wherein the petitioner had been placed at Serial No. 3 and the respondent Nos. 7 and 8 have been placed at Serial No. 1 and 2 respectively. The petitioner is also aggrieved with the relaxation of Column 12 of Annexure-1 of the 2016 Rules for consideration of promotion of the private respondents to the post of Senior Scientific Officers in the Directorate of Science and Technology and their consequential promotion order.

(3.) The petitioner's counsel submits that the respondent Nos. 7 and 8 had been appointed to the post of Scientific Officers under the Mizoram Council of Science, Technology and Innovation, which was subsequently renamed as Mizoram Science, Technology and Innovation Council, herein after referred to as MISTIC (respondent No. 5) on 18/7/1994 and 28/9/2001 respectively. The appointments of the respondent Nos. 7 and 8 had not been made through any selection process and the same had not been made in pursuant to any advertisement being issued in the electronic media and the newspapers. On the other hand, the petitioner was appointed as Scientific Officer in the respondent No. 5 organisation on 19/8/2002, in pursuant to an advertisement and a proper selection process.