H LALRINPUIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. A.R. Malhotra, learned counsel for the petitioners. Also heard Mr. Aldrin Lallawmzuala, learned Additional Advocate General, Mizoram appearing for the State respondents.

(2.) THE 50 petitioners before this Court were appointed as High School Teachers on contract basis between the periods from July, 2012 to June, 2004 against regular vacant posts. Thereafter, the petitioners were screened by the DPC on 10 -02 -2011. After screening and examining 86 High School Contract Teachers with regard to academic certificates, age, fitness and eligibility for the post, the DPC had recommended that they may further be engaged as High School Teacher on contract basis. In the list of the 86 High School Contract Teachers recommended for further engagement as High School Teachers on contract basis, the name of the petitioners appears at Serial No. 38,11,28,73, 74, 78, 42, 10, 37, 56, 67, 31, 62, 72, 68, 40, 39, 75, 5, 6, 4, 69, 44, 50, 52, 45, 49, 9, 53, 54, 55, 70, 57, 60, 61, 63, 66, 32, 79, 3, 30, 33, 7, 48, 47, 1, 36, 27, 76, and 46. In the meantime, the respondents had formulated The Government of Mizoram Regularization of Contract Employees Scheme, 2008 (hereinafter referred to as 'Scheme of 2008') which was notified in the Gazetted on 12 -08 -2008 and which was subsequently superseded by the Notification dated 10 -10 - 2008. Accordingly, after the petitioners were screened on 12 -02 -2011 they were brought within the preview of the Scheme of 2008. However, the respondents issued an Office Memorandum dated 05 -12 -2011 whereby it has been stipulated that contractual employees who are already engaged on contract basis under Government of Mizoram without any recommendation of the duly constituted DPC their seniority shall be counted with effect from the date of acceptance of the recommendation of the DPC/Selection Committee recommending their appointment on such basis. Thereafter, by communication dated 16 -05 -2012, the Director of School Education, Mizoram, Aizawl had sent a proposal to the Secretary to the Government of Mizoram, Department of Education and Human Resources Development (School Education) for regularization of 81 eligible High School Teachers (contract) who have completed 5 years of contract services. The said proposal is yet to be addressed by the respondents till date. In the meantime, a meeting which was presided over by the Chief Secretary to the Government of Mizoram was held on 07 -05 -2014 wherein, the meeting resolved as under : -

(3.) LEARNED counsel for the petitioners submits that the case of the present petitioners before this Court is solely covered by the judgment and order dated 02 -02 -2015 passed by this Court in Review Petition No. 2 of 2015 as well as the judgment and order dated 07 -04 -2015 passed in W.P (C) No. 125 of 2014 wherein, the case of the petitioners were directed to be considered by the respondents within a specified time frame. He therefore, submits that the present writ petition may also be disposed of in line with the judgment and order dated 02 -02 -2015 passed in Review Petition No. 2 of 2015 as well as the judgment and order dated 07 -04 -2015 passed in W.P (C) No. 125 of 2014.