S ZOTHANSANGA Vs. STATE OF MIZORAM REPRESENTED

JUDGEMENT

(1.) Heard Mr. C. Lalramzauva, learned senior counsel for the petitioners as well as Ms. Linda L. Fambawl, learned counsel appearing for the authorities in the State Government.

(2.) The petitioner Nos. 1 to 5 were appointed as Overseer Grade-II (WC) respectively on 10.05.1994 and 105.1994, on a work charge basis, whereas the petitioner No. 6 was appointed as Junior Engineer (WC) on 27.06.1996 also on a work charge basis. Having so worked, by the Office Order dated 05.06.2009 under the signature of the Chief Engineer Public Health Engineering Department (PHED) and on the recommendation of the Departmental Promotion Committee, they were regularized against the regular post of Overseer Grade-II (for short, OS-II).

(3.) Another set of Rules also under the proviso to Article 309 of the Constitution of India called the Mizoram Public Works Department and Public Health Engineering Department (Group "B" Post) Recruitment Rules 2000, (hereinafter to be referred to as the Group B Rules of 2000) were also framed. Under the Group B Rules of 2000, the posts of Junior Engineer (Civil) (JE for short) are required to be filled up 90% by direct recruitment and 10% by promotion. For the purpose of promotion, the feeder post provided was OS-II with 5 years of regular service in the grade, after having passed the departmental examination in Engineering and Accounts.