F LALFAKZELA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. N.Sailo, learned senior counsel assisted by Mrs. Dinari T.Azyu, learned counsel appearing for the petitioners. Also heard Mrs. Linda L.Fambawl, learned Government Advocate appearing on behalf of all the State respondents.

(2.) The petitioners were initially appointed as Contract Lecturers, Computer Programmers, Laboratory Technicians, Laboratory Assistants, Laboratory Attendants, Computer Operators, Computer Attendants, Workshop Instructor, Stenographer-III, Drivers, IV Grade, Hostel Cook and Sweepers in the year between 2001 and 2007 under World Bank Assisted 3rd Technical Education Project on contract basis at a fixed monthly remuneration. The fund from the World Bank Project came to end in the month of June 2007. The State Government issued a Notification dated 21.8.2007 ordering absorption of the 43 teaching and non-teaching post along with the incumbents engaged under the World Bank Project with effect from 1.7.2007 on contract basis. The petitioners along with others were thereafter engaged on contract basis under the State Government by an order dated 12-09-2007 with effect from 01-07- 2007.The Order further stipulated that the engagement of the petitioners shall be for a period of one year or till regular appointment was made which ever was earlier. The contract engagement of the petitioners under the State Government by the Order dated 12.9.2007 was also made on the basis of the Cabinet decision held on 12.8.2007. Consequent to the Order dated 12.9.2007 the petitioners signed the agreement form with the respondents.

(3.) The State respondents had also issued Office Memorandum dated 10.11.2004 which provided new terms and conditions for making appointment on contract basis. At para 1 therein, it is provided that ".for contract employment, prior approval of the concerned Minister should be obtained before submission of proposal to DP & AR and Finance Department."