LALRINTLUANGI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr.A.R.Malhotra, counsel for the petitioners who submits that The Petitioners No. 1 & 2 were initially appointed by the Respondent No. 3 as Primary School Teachers on contract basis with effect from 26/8/03 and their engagements have been extended till date. The Petitioner No. 1 along with others excluding the Petitioner No. 2 had earlier approached the Hon'ble High Court for regularization of their contract service in terms of the Govt. of Mizoram Regularization of Contract Employees Scheme, 2008 which was registered as W.P(C) No. 72/2009 and it was disposed by Order dt.30/10/09 directing the Respondents therein to dispose the representation dt.5/11/08 submitted by the writ petitioners. The representation was subsequently rejected by the Order dt. 10/12/09 on the ground that none of them possessed the qualifications prescribed by the Recruitment Rules. Thereafter the Petitioners were screened by the DPC held on 20/4/11 and they were placed at Serial No. 24 & 27 of the recommended candidates and were also asked to obtain the required qualification as per the Recruitment Rules. The Petitioners being aggrieved by the inaction of the respondents in deputing them to undergo necessary training and regularizing their services had filed a writ petition before the Hon'ble High Court i.e W.P (C) No. 60/2012 which was disposed by Order Dt.27/8/2012 whereby the Petitioners were directed to submit a representation before the Respondent No. 2. Accordingly the Petitioners had submitted a representation to the Respondent No. 2 for taking necessary steps for regularization of their service on in the alternative to depute them for training so that they could be eligible for regularization to which the Petitioner No. 2 had decided that their deputation for training would be considered in a phase manner as feasible so as to enable them for regularization vide Order dt.26/10/12. Subsequently the petitioners were deputed for training in 2013 and they successfully completed the diploma in Teacher Education for training of Primary School Teacher. Thereafter vide Order Dt.24/8/15 the Respondent No. 3 had fixed the provisional inter se seniority of contract of Primary School Teachers and the name of the Petitioners appeared at serial No. 27 & 24 respectively. The Respondent No. 3 on 22/9/15 had forwarded the case of 31 contract (fixed) pay Primary School Teachers for regularization of their service to the Respondent No. 2 wherein the names of the Petitioners appeared at serial No. 2 & 6. However the Respondents have illegally failed to regularize the service to the Petitioners till date for reasons best known to them. Hence, this writ petition.

(2.) The petitioners counsel submits that the Director of School Education Department issued letter dated 22.9.2015 addressed to the Under Secretary to the Govt. of Mizoram, School Education Department which proposed regularization of 31 Contract Primary School Teachers. The petitioners counsel submits that the petitioners are listed at Sl.Nos. 2 & 6 of the 31 Contract Primary School Teachers which were proposed for regularization as per the letter dated 22.9.2015.

(3.) The petitioners counsel also submits that the present matter is covered by the Order dated 30.10.2015 passed in W.P.(C) No. 152 of 2015 and as such, his prays that the present case should be disposed of as per the earlier Order dated 30.10.2015.