S D MAJUMDAR Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The unsuccessful writ petitioner has preferred this appeal in respect of his grievance relating to the recommendation made in favour of the respondent No. 6 for promotion to Engineering Grade-IV (Mechanical). In fact, consequent upon the recommendation so made, the respondent No. 6 has been promoted and he has joined the promotional post.

(2.) The only issue, which falls for our consideration is to the interpretation in respect of the office memorandum dated 10.10.2002 issued by the Government of Mizoram in the Department of Personnel and Administrative Reforms (General Service Wing) laying down the criteria for promotion, which include the period for which the Annual Confidential Rolls (ACR) are required to be taken into account by the DPC towards consideration of the promotions of the eligible incumbents. In the instant case, the respondent No. 6, who is junior to the appellant/writ petitioner has been recommended for promotion to Engineering Grade-IV in the Mechanical Wing of the department and pursuant to such recommendation the notification dated 6.12.2004 promoting him to the said Grade has also been issued and the respondent No. 6 has joined the post by submitting his joining report on 7.12.2004.

(3.) The relevant clauses in the aforesaid OM dated 10.10.2002 are quoted below :