C KAPTHUAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The petitioner Nos. 1 and 2 were promoted to the post of Health Supervisor (Male) by the Orders dated 15.01.1987 and 14.07.1987. The respondent has also issued a circular dated 25.07.2015 provisionally fixing the inter-se-seniority of Heath Supervisors of Mizoram. In the proforma appended to the said circular, the names of the petitioner Nos. 1 and 2 are shown as Serial No. 4 and 11 respectively and their date of joining to the grade of Health Supervisor is reflected as 17.1.1987 and 6.8.1997 respectively. The respondents had enacted the Mizoram Health & Family Welfare Department (Group- B Post) Recruitment Rules, 1987 (herein after the RR of 1987). Therein, it provides that for filling up the post of Community Health Officer, the same shall be by way of 100% by promotion from amongst Health Supervisor who have completed CHO course in a recognized Institution with not less than 5 years regular service in the grade. The said RR of 1987 was amended by the Mizoram Health & Family Welfare Department (Group-B Post) Recruitment (Amended) Rules of 2006 (herein after the Amended Rules of 2006) which was published in the Gazette on 14.03.2006.

(2.) Heard Mr. N. Sailo, learned senior counsel assisted by Mrs. Dinari T. Azyu, learned counsel appearing for the petitioners as well as Ms. Linda L. Fambawl, learned Govt. Advocate, Mizoram appearing for all the respondents.

(3.) Mr. N. Sailo, learned senior counsel appearing for the petitioners submits that prior to the enactment of the Recruitment Rules 2011, both the Recruitment Rules of 1987 and the Amended Rules of 2006 had provided for filling up the post of Community Health Officer (CHO in short) by way of 100% by promotion from amongst Health Supervisor and the respondents were following the said Rules by filling up the post of CHO by way of 100% by promotion only. However, with the enactment of RR of 2011 the respondents had provided for filling up the post of CHO by way of 25% by promotion, 50% by way of LDE and 25% by direct recruitment.