LALENGZAMI HAOLAI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The petitioner No. 1 and 2 were appointed to the post of Subordinate Agricultural Service (SAS-I) (Group 'B' Non-Gazetted) on the recommendation of the Selection Committee (Group 'B' Non-Gazetted) by order dated 23.05.1990 and their names appear at serial Nos. 6 and 9 therein respectively. The respondents had issued an Office Memorandum dated 17.06.1991 by which the final interse-seniority of the Officers in the Subordinate Agricultural Service-I (SAS-I) Group 'B' (Non-Gazetted) was fixed and the names of the petitioners appeared at serial Nos. 97 and 103 respectively. The respondent No. 3 and 4 were appointed to the post of SAS-I (Subordinate Agricultural Service-I) (Group 'B' Non-Gazetted) by a Notification dated 22.12.1995 on the recommendation of MPSC. In the said Notification dated 22.12.1995, respondent No. 3 appeared at serial No. 4 and respondent No. 4 at serial No. 10 respectively. In the meantime, the State respondents issued a Notification dated 27.09.1996 ordering creation of 20 (twenty) temporary posts under CSS for establishment of new KVK at Hnahthial under Agriculture Department with effect from the date of creation upto 28.02.1997. Amongst the 20(twenty) posts created, 3(three) posts of Training Assistant were also created. The stipulation contained in the said creation order dated 27.09.1996 was that the posts should be co-terminus with the scheme. By the said notification, the expenditure involved towards pay and allowances was debited and shown under the (ICAR) CSS. Thereafter, steps were taken for filling up the 3(three) posts of Training Assistant under the KVK, Hnahthial and by ID note dated 22.03.2002, the Finance Department gave its concurrence to the proposal for filling up the said posts to be co-terminus with the Scheme/funding as expenditure will be met 100% by the Government of India. By another notification dated 23.10.2002, the post of Training Assistant, KVK, Hnahthial was redesignated as Instructor w.e.f. 27.09.1996. Thereafter, requisition was made to the Mizoram Public Service Commission (MPSC in short) by a Communication dated 16.12.2002 for filling up of 3 vacant posts of Instructor to be filled up by direct recruitment. In the said communication, it is also stated that the expenditure will be met 100% by the Government of India and the Finance Department has also concurred for filling up of the said posts. Accordingly, the MPSC issued Advertisement No. 5 of 2002-2003 on 22.01.2003.

(2.) The State respondents has also enacted the Mizoram Agriculture Department (Group 'A' post) Recruitment Rules, 2004 (hereinafter referred to as the Rules of 2004) which was notified in the Gazette on 21.12.2004 wherein it provides for promotion from the post of SAS-I (Group 'B' Non-Gazetted) to the next higher post of Seed Analyst, Insecticide Analyst, Instructor etc. The said Rules of 2004 provides for 100% promotion to the next higher post failing which by deputation. Thereafter, the petitioners along with 4(four) others on the recommendation of the MPSC were promoted from SAS-I to the post of Subject Matter Specialist (AGRO), Seed Analyst, Insecticide Analyst, Instructor and Assistant Soil Survey Officer under the Agriculture Department by a Notification dated 13.06.2015. Therein, the names of the petitioners appeared at serial Nos. 1 and 5 respectively. While matters rest thus, the DP&AR (ARW) by ID note dated 03.04.2008 approved the proposal of the Agriculture Department subject to approval of the Cabinet and Concurrence of Finance Department for creation of 10(ten) numbers of posts for accommodation of existing Training Organisers, Training Associates and Training Assistants at KVK, Kolasib and Hnahthial posted from the Department of Agriculture and Minor Irrigation subject to the condition that appointment made under the KVK should not be mixed up with regular staff from the Department in the matters of transfer and posting, inter-se-seniority, promotion etc and that any appointments made under KVK should be purely on co-terminus basis and at the same time, where regular staff in the Department are deputed to the KVK, the Department shall not take any action which may make obstacle from the part of the Deputationist for their repatriation to their original post.

(3.) Heard Mr. Lalfakawma, learned counsel appearing for the petitioners. Also heard Mr. Aldrin Lallawmzuala, learned Addl. Advocate General, Mizoram appearing for the respondent Nos. 1 and 2 and Mr. C. Lalramzauva, learned senior counsel assisted by Ms. Abigail Hmingthanpari, learned counsel appearing for the private respondent Nos. 3, 4 and 5.