S D MAJUMDAR Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The petitioner (S.D. Mazumdar) is a Diploma Engineer (Mechanical), presently serving as SDO (Mechanical) at Aizawl, which is a Grade-V post of the Mizoram Engineers Service (for short MES). He was initially appointed on 24.06.1969 to the post of Sub-Engineer (Mechanical), Assam, and posted at Silchar. In July, 1969, he was transferred to Mizoram which was then autonomous district of Assam. On 21.01.1972 Mizoram came to be a union territory. The services of the petitioner and other non-gazetted employees were placed at the disposal of the Mizoram administration. He was promoted to the post of SDO/AE (Mechanical) on 21.04.1978. He was confirmed to the said grade on 19.04.1991. Since his promotion on 21.04.1978 the petitioner served in the same post/grade for more than 29 years without any promotion. He is going to retire on 31.01.2008 from the same grade (Grade-V).

(2.) The 6th respondent (S.B. Bhattacharjee) is also a Diploma Engineer (Mechanical). He was initially appointed as Jr. Engineer (Mechanical) in the same department in May 1979, about 10 years after initial appointment of the petitioner. He was then serving as SDO (AE) (Mechanical) on promotion. The said respondent began his service under the petitioner. On 29.10.1994 the sixth respondent was promoted to the post of SDO/AE (Mechanical) (Grade-V of MES) more than 16 years after promotion of the petitioner to the said grade.

(3.) The next promotion from SDO/AE (Grade-V) is to the post of Executive Engineer (Grade-IV) of MES. According to the provisions in the MES rules 75% of the posts in Grade-IV are to be filled up from degree engineers and 25% from diploma engineers. Thus, only 5 posts in Grade-IV are available for promotion from diploma engineers in Grade-V.