HARANGTHAN MAWII Vs. LAI AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) In this writ petition, the petitioner prays far quashing the orders promoting the respondents No. 4 and 5 to the posts of Assistant Education Officer in the office of the Lai Autonomous District Council, Mizoram and for directing the respondents Council to promote her to the said post w.e.f 10.04.2002.

(2.) To appreciate the controversy involved in the writ petition, the material facts of the case may be noticed at the very outset. The petitioner was appointed as Circle Education Officer (CEO) (Middle Section) in the Education Department of the Lal Autonomous District Council (LADC), which is one of the Autonomous District Council in the State of Mizoram vide the office order dated 10.05.1994. The respondent No. 4 was appointed to the same post in the same year in terms of the officer order dated 08.08.1994. Both the petitioner and the said respondent were con finned to their respective posts w.e.f. 12.05.1996 and 02.08.1996 respectively.

(3.) On learning that one post of Assistant Education Officer (AEO) was vacant in the District Council, the petitioner is stated to have written the letter dated 20.06.20(01 addressed to the respondent No. 1 requesting the latter to promote her to the said post as she had been in service since 10.05.1994. Thereafter, the respondent-Council constituted a DPC for selecting candidate for promotion to the said post. According to the petitioner, the DPC after considering the case of eligible candidates recommended her for promotion to the said post. Subsequently, she was shocked to learn that the respondent No. 4 came to be deployed as District Project Officer by referring him as Assistamt Education Officer vide the order dated 18.03.2002.