T THANGCHHUANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the notification dated 15. 10. 04 issued by the Secretary to the Government of Mizoram, Public Health Engineering Department (PHE) promoting the private respondents No. 5-9 from the post of Junior Engineer to the post of Assistant Engineer/sub-Divisional Officer (SDO) (Engineering Grade-V of Public Health Engineering Cadre) and also praying for holding the review Departmental Promotion Committee (DPC) to reconsider the case of the petitioner and to give promotion to the said promotional post of Assistant Engineer/sub-Divisional Officer (SDO ).

(2.) THE facts leading to the filing of the writ petition, in short is that the writ petitioner was initially appointed as Overseer Grade-II in Public Health Engineering Department on 12. 12. 1984 and thereafter, as Junior Engineer on 08. 11. 1985. The services of the petitioner was confirmed as Junior Engineer vide order dated 07. 04. 1997 w. e. f. 01. 04. 1997. The respondents No. 5 and 6 joined their services as Junior Engineer in Public Health Department on 26. 12. 86 and 13. 09. 86 respectively and the respondents No. 7, 8 and 9 joined in the said capacity on 20. 03. 87. All the private respondents therefore joined their services as Junior Engineer after the petitioner. A final seniority list of Junior Engineer was published on 23. 06. 95, placing the petitioner above the private respondents. The Government of Mizoram, vide notification dated 14. 09. 01 and 05. 07. 04 promoted four Junior Engineers, junior to the petitioner to the said promotional post of Assistant Engineer/sub-Divisional Officer. However, the said orders of promotion are not challenged in the present writ petition. The Government of Mizoram, vide another notification dated 15. 10. 04 promoted the present private respondents No. 5-9 to the said promotional post of Assistant Engineer/sub-Divisional Officer which has been challenged by the petitioner in the present writ petition.

(3.) I have heard Mr. George Raju, learned counsel for the petitioner, Mr. K. V. Tlangmawia as learned Standing Counsel for the Mizoram Public Service Commission (MPSC), respondent No. 4, Mrs. Helen Dawngliani, learned Assistant Government Advocate for respondents No. 1, 2 and 3 and Mr. C. Lalramzauva, appearing on behalf of respondents No. 5-9.