(1.) HEARD Mr. Nelson Sailo, learned Senior counsel, assisted by Mrs. Dinari T. Azyu, learned counsel appearing for the petitioners. Also heard Mr. Aldrin Lallawmzuala, learned Addl. Advocate General, Mizoram appearing for the State respondent Nos. 1 to 5.
(2.) THE petitioners were appointed as Conductors under the Directorate of Supply and Transport, Government of Mizoram, which has been renamed as Directorate of Transport. The petitioners appointment as Conductors under the Directorate of Transport were either directly screened by the duly constituted Departmental Promotion Committee or by promotion to the said post from the post of Handyman in terms of the Service Rules prevailing during the period from 1999 to 2009.
(3.) THE State Government in its Finance department vide U.No.FIN.2690 - A/80 dated 16.03.1981 created 16 (sixteen) posts of Drivers and 21 (twenty one) posts of Conductors in the pay scale of Rs. 260 -6 -326 -EB -8 -350. The State Government in the Supply and Transport Department by its communication dated 30.06.1981 informed the Director of Supply and Transport Department, Aizawl about the aforesaid creations of posts by the Finance Department for the Supply and Transport Department, Government of Mizoram and accordingly petitioners were paid their salaries in terms of creations of said posts of Conductors under the Transport Department. The Finance Department of the State vide notification under Memo No.G.11012/1/90 -F.EST dated 03.05.1994 created three grades for Government Drivers giving effect from 01.01.1996, which are as follows