LALRINKIMA HNAMTE Vs. STATE OF MIZORAM & OTHERS

JUDGEMENT

(1.) The petitioner assails order of promotion of 7th respondent Shri N. Ranjit Singh to the post of Executive Engineer (Civil) under Power anti Electricity Department in the scale of Rs.3000-4500 PM plus all of her allowances admissible under the rules from the date of appointment, dated 18 Oct., 1994 issued by the Secretary, Power and Electricity Department, on the grounds, inter alia, that the said order of promotion has been in violation of statutory rules made under a Art. 309 of the Constitution of India as regards promotion of Assistant Engineer/Sub-Divisional Officer to the post of Executive Engineer inasmuch as the 7th respondent had not put in requisite number of years in the grade of AE/SDO at the time the order of promotion was issued and that the said 7th respondent had not passed the departmental examination as required under the rules.

(2.) The post of Executive Engineer is Selection Post. In terms of rules framed in this behalf vide Gazette Notification dated 28.2.1979, vacancies in the post of Executive Engineer are to be filled up 100% by promotion failing which by transfer on deputation. Necessary qualification for promotion to the post of Executive Engineer in terms of Column 11 of the Schedule is as under:

(3.) The petitioner and the 7th respondent are both serving in Power and Electricity Department and their service are utilised in Civil Works of the Department. However, it may be stated that their appointments were made under Public Works Department.