C LALDINLIANA Vs. STATE OF MIZORAM AND OTHERS

JUDGEMENT

(1.) Heard Mr.L.H.Lianhrima, learned senior counsel assisted by Ms.H.Lalmalsawmi, counsel for the petitioner. Also heard Ms. Melody L.Pachuau, learned Government Advocate for all the respondents.

(2.) The petitioner's case in brief is that after passing his Diploma in Electrical Engineering, the petitioner was appointed as Junior Engineer-I and served in this capacity for more than 20 years. Thereafter, the Petitioner was recommended by the Mizoram Public Service Commission (MPSC) on 03.09.2010 for promotion to the post of AE/SDO. As a result, the Petitioner was promoted as Assistant Engineer (Electrical) on 08.09.2010 and posted in the office of the Engineer-in-Chief, Aizawl as Assistant Engineer. Pay Slip for Gazetted Officer was also issued by the joint Director, Accounts & Treasuries on 08.10.2010 and had actually enjoyed the pay scale of the Assistant Engineer. After serving for more than 40 days as an Assistant Engineer, the Respondent Government held review DPC and issued Notification dated 20.10.2010 in supersession of Notification dated 08.09.2010 promoting the Petitioner alongwith 4 others to the AE/SDO. In fact, the Petitioner was reduced to a lower rank without his fault and thereby delayed his promotion to the higher post by 40 days. The Petitioner had repeatedly submitted representations to the authorities for correction of his date of promotion but to no avail. Hence, the instant petition.

(3.) Ms. Melody L.Pachuau submits that during 2010-2011, there were 5 nos. of AE/SDO (Elect) posts under Diploma quota which included clear vacancies and likely to fall vacant.The department thus sought for approval for filing up of all the vacant posts i.e. 2 clear vacant post, 2 anticipated vacancies and 1 deputation vacancy from DP & AR (ARW) & Finance Department. The DP & AR approved the proposal for filling up of 5 Nos. of AE/SDO (Elect) post vide I.D. No. ARW/P&E/2010-2011/340 dated 2.8.2010. Finance Department, however gave concurrence for filling up only 2 (two) clear vacant posts of AE/SDO with an advice to come again to Finance Department when anticipated vacancies became clear. Agenda papers for the 2 clear vacancy post of AE/SDO were sent to the Mizoram Public Service Commission (MPSC) for selection by the respondents. The petitioner was selected alongwith one Mr. S.N .Singh for the 2 (two) clear vacant posts of AE/SDO by the MPSC and recommendation sent to the respondents vide MPSC letter dated 3.9.2010.