ZAITHANMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. Nelson Sailo, learned senior counsel assisted by Ms. Vanhmingliani, learned counsel appearing for the petitioner. Also heard Mr. A.K. Rokhum, Addl. Advocate General for the respondent Nos. 1 to 5 and Mr. B. Lalramenga for respondent Nos. 6 and 7.

(2.) THE petitioner's counsel submits that in exercise of powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Mizoram was pleased to make the Mizoram LAD (Group 'A' and 'B' Posts) Recruitment Rules, 1992, which provides for recruitment to the post of Section Assistant amongst others.

(3.) THE petitioner's counsel submits that the petitioner was appointed as Section Assistant in the Town and Country Planning Wing of the Local Administration Department, Govt. of Mizoram on 10.10.1995. The petitioner's service as Section Assistant was confirmed on 12.06.1998. Sometime in the year 2006, the Urban Development and Poverty Alleviation (UD&PA) Department was created. With the creation of UD&PA Department, a number of posts in the Local Administration Department were transferred into the UD&PA Department. The petitioner's post being one of the transferred post, the petitioner continued to work as Section Assistant in the Town and Country Planning Wing of the UD&PA Department.