C LALROPUIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Ricky Gurung, learned Counsel for the petitioners. Also heard Mrs. Helen Dawngliani, learned Govt. Advocate for the respondents.

(2.) By this writ petition, the writ petitioners have sought for regularization of their services in accordance with the provisions of 2000 Scheme with all consequential benefits. The case of the writ petitioners briefly stated is that they are presently working as Muster Roll peons under the Secretariat Administration Department (for short SAD) of the Govt. of Mizoram under the administrative control of the respondent No. 2. The writ petitioners Nos. 1, 2, 3, 4, 5 and 6 were appointed as Muster Roll peons with effect from 25.08.1999 vide order dated 08.02.2000, while writ petitioners Nos. 7 and 8 were appointed as above vide order dated 14.09.1993 and 22.04.1999 respectively. Since all the petitioners have been discharging their duties as such for more than seven years, as per Clause-4 of the said scheme all are entitled for regularisation in a corresponding regular post. It is further contended that the writ petitioners are qualified to be appointed as such as required under Clause 4 of the scheme. Despite continuance in the service for seven years, it is alleged that the respondent authorities have not considered their case till date. The writ petitioners, therefore, have made a prayer before this Court to issue an appropriate writ for regularisation of their services in corresponding regular posts with all consequential benefits.

(3.) Mr. Ricky Gurung, learned Counsel for the petitioners while arguing, has contended inter alia that since the writ petitioners have been discharging their duties as Muster Roll peons since the date of their appointments for a continuous period of seven years, they are entitled for regularisation as per the provision of Clause-4 of the Scheme, 2000. Referring to the provisions of Clause-4 of the scheme, he has submitted that the writ petitioners are all qualified to be appointed in a corresponding regular post. The educational qualification prescribed in the relevant Recruitment Rules, the period of service, performances are all in the favour of the writ petitioners.