J SANGPUII Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. N. Sailo, learned senior counsel assisted by Mrs. Dinari T. Azyu, learned counsel for the petitioners. Also heard Mr. Aldrin Lallawmzuala, learned Additional Advocate General, Mizoram appearing for the State respondents.

(2.) Mr. N. Sailo, learned senior counsel appearing for the petitioners submits that the 17 petitioners before this Court were appointed between the years 1983 to 1988 to the post of Lower Division Clerk (herein after referred to as 'LDC') by different orders all on the recommendation of the DPC. Thereafter, the Deputy Commissioner, Aizawl District, Aizawl by an order dated 09-08-1989 has issued the inter-se seniority list of LDC's appointed during the period from 01-10-1973 to 03-05-1984 and all the names of the petitioners figured in the said seniority list. By another order dated 18-06-1998 issued by the Deputy Commissioner, Aizawl District, Aizawl all the petitioners along with others were allowed to cross efficiency bar at the stage of Rs.1,560/-. The respondents has also enacted Mizoram Subordinate Ministerial Service Rules, 1998 which came into force with effect from 08-06-1998 i.e the date of publication in the gazette. The said rule was amended by Mizoram Subordinate Ministerial Service (Amendment) Rules, 1999 (herein after referred to as Amended Rules of 1999). Under the amended Rules of 1999, under Rule 10 (2), for the promotion to the post of UDC it is provided that 40% of the vacancies shall be filled up by promotion, 20% through Limited Departmental Examination and the remaining 40% shall be filled up by direct recruitment. The said Amended Rules came into force with effect from 17- 09-1999 i.e the date of publication in the gazetted.

(3.) Learned senior counsel for the petitioners further submits that sometime in the year 2010 two posts of UDC under the establishment of Deputy Commissioner, Aizawl District, Aizawl fell vacant and therefore the respondent No. 5 had written to the Secretary to the Government of Mizoram, General Administration Department by a letter dated 28-06-2010 for filling up the two posts of UDC by way of promotion as provided in the recruitment rules. Prior to filling up the two posts, some more vacancies arose and therefore the Office of the Deputy Commissioner, Aizawl District, Aizawl again wrote another letter dated 23-03-2011 to the Under Secretary to the Government of Mizoram, General Administration Department for filling up of five vacant posts of UDC by promotion from amongst the LDCs by relaxing the Recruitment Rules. While the said proposal was in process, the respondents again enacted the Mizoram Ministerial Service Rules, 2011 (herein after referred to as 'the Rules of 2011') which came into force with effect from 30-09-2011 i.e the date of publication in the gazetted. In the said Rules of 2011, under Rule 10 (1) (b) the provision for filling up of the post of UDC has been provided wherein the respondents have maintained the same quota i.e 40% by promotion 20% through Limited Departmental Examination amongst the LDCs and the remaining 40% by direct recruitment as was provided in the earlier Amendment Rules, 1999.