B LALZAWMLIANA Vs. MIZORAM PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioners, who are presently serving as Assistant Directors in Food & Civil Supplies Department, have filed the present writ petition praying for setting aside the recommendation dated 25.01.1999 issued by Mizoram Public Service Commission, notification dated 10.2.1999 issued by the Commissioner to the Government of Mizoram Food & Civil Supplies Department promoting the respondent No. 6 to the post of Sub-divisional Food & Civil Supply Officer, the final seniority list of Assistant Director/Sub-divisional Food & Civil Supply Officer dated 29.6.1999 and the communication dated 5.5.03 issued by Deputy Secretary Mizoram Public Service Commission to the under Secretary Government of Mizoram, Department of Personal and Administrative Reforms, rejecting the proposal submitted by the Department to review the matter and also claiming retrospective promotion to the post of Asstt. Director/Sub-divisional Food & Civil Supply Officer from the date of promotion of respondent No. 6 and fixation of their seniority over the respondent No. 6.

(2.) The fact in brief is that on 31.1.98 and 31.3.98 two posts of the Asstt. Director/Sub-Divisional Food & Civil Supply Officers fell vacant. The Government in terms of the provision of Mizoram Food & Civil Supplies Department (Group 'A' Posts) Recruitment Rules, 1991 (hereinafter referred to as 1991 Rules) forwarded names of 7 Inspectors of Food & Civil Supplies including the present petitioners and respondent No. 6 to the Public Service Commission for the purpose of selection to the said posts. The said posts are selection post and to be selected by the Public Service Commission. Though at the relevant point of time a Departmental proceeding was pending against the writ petitioner No. 1, the Public Service Commission without following the sealed cover procedure has considered the cases of all such Inspectors, including the petitioner No. 1, for promotion to the promotional post of Asstt. Director/Sub-divisional Food and Civil Supply Officer and recommended the names of the respondent No. 6 and one Rochungnunga for the purpose of promotion vide communication dated 25.1.1999. Accordingly orders of promotion was issued on 10.2.1999 promoting the said two persons, which includes the respondent No. 6. Thereafter final seniority list of the Asstt. Director/Sub-divisional Food & Civil Supplies Officer were published by the Department on 29.6.1999 placing the respondent No. 6 at serial No. 10 and in the said list the names of the petitioners did not find place as they were not promoted to the said rank till then. The petitioners were promoted to the said post of Asstt. Director/Sub-divisional Food & Civil Supplies'Officer vide order dated 12.9.2002 on the recommendation of the Public Service Commission. The petitioner along with another on 9.2.1999 filed arepre-sentation before the Director Food & Civil Supplies questioning the recommendation of the Public Service Commission Dated 25.1.1999 and the same was forwarded by the Director to the Secretary vide Communication dated 24.2.1999 and ultimately to the Public Service Commission vide Communication dated 19.3.1999. The petitioner No. 1 after lapse of more than three years from the date his earlier representation, submitted another representation date his earlier representation submitted another representation dated 12.11.2002, after his promotion to the rank of Asstt. Director, again questioning the order of promotion of the respondent No. 6 dated 10.2.1999 on the ground that his case for promotion was not considered by the D.P.C. and the sealed cover procedure was not adopted as the departmental proceeding was pending against him at the relevant-point of time and also claiming seniority to the post of Asstt. Director over the respondent No. 6. Similar representation was filed by the other petitioner along with another on 27.11.2002 questioning the recommendation dated 25.1.1999 and the promotion of the respondent and others dated 10.2.1999. The Under Secretary Government of Mizoram, Food and Civil Supplies Department, thereafter on 31.1.2003, after lapse of almost four years from the date of promotion of the respondent No. 6 submitted a note to the Under Secretary DP & AR (G.S.W.) who vide Communication dated 5.2.03 forwarded the said note to the Public Commission. In the said note it was mentioned that the M.P.S.C. has failed to follow the procedure prescribed by the Government of Mizoram vide office memorandum dated 3.9.1998 while making the selection and recommendation on 25.1.1999. The M.P.S.C. vide communication dated 5.5.03 rejected the proposal submitted by the department requesting review of the recommendation for the promotion dated 25.1.1999 and hence the present petition.

(3.) I have heard Mr. C. Lalramzauva, learned counsel for the petitioners, Mr. S. Pradhan learned counsel appearing on behalf of respondent No. 1, M.P.S.C., Mr. N. Sailo learned State Counsel appearing on behalf of respondent No. 2 and Mr. M. Zothankhuma learned counsel appearing on behalf of respondent No. 6.