C LALROZAMI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. Michael Zothankhuma, learned counsel for the petitioners as well as Mr. Aldrin Lallawmzuala, learned Addl. AG appearing for the State respondents.

(2.) OFFICE Order dated 9. 12. 2003 (Annexure-9) of the Director of Health Services, Mizoram, Aizawl, Office Order dated 5. 2. 2008 (Annexure-11) of the Director of Health Services, Mizoram Aizawl and a letter dated 7. 5. 2008 (Annexure-13) addressed to Smt. Lalbiaktluangi by the Director of Health Services, Mizoram, Aizawl are the subject matters of challenge in this writ petition under Article 226 of the Constitution.

(3.) THE Governor of Mizoram, in exercise of power conferred by proviso to Article 309 of the Constitution made rules relating to recruitment to the post of Staff Nurse under nomenclature "mizoram Health and Family Welfare Department (Group C') Recruitment Rules, 1989" (hereinafter referred to "1989 Rules") which came into force on and from 26. 10. 1989. Respondent No. 2, on 13. 4. 1992 again issued another notification indicating inter-se-seniority of Nursing Staff as per DPC held on 19. 8. 1987. By this notification, liberty was also given to submit complaint if aggrieved with the inter-se-seniority list (Annexure-7 ). In the inter-se-seniority list prepared by the respondent No. 2, all respondents are placed above the writ petitioners except respondent No. 6 namely, Zothanmawii Hmar. Thereafter, vide Office Order No. 262/1995 dated 31. 5. 1995 (Annexure-8), respondent No. 2 confirmed 192 Staff Nurses in their posts with effect from the date of issue of the order i. e. 31. 5. 1995. By the Office Order dated 9. 12. 2003, respondent No. 2 published the final seniority list of the Staff Nurses appointed on and from 1. 5. 1997 fixed as per the DPC (Annexure-9) wherein the private respondents are placed above the petitioners. By another Office Order dated 5. 12. 2008, respondent No. 2 again published another final seniority list as per DPC in respect of the Staff Nurses appointed w. e. f. 1. 5. 1975 to 8. 10. 2007. In the inter-se-seniority list (Annexure-11) the private respondents are placed above the petitioners. It is to be noticed that one of the petitioners namely Pi Lalbiaktluangi made a complaint regarding the provisional inter-se-seniority list on account of her placement below to the juniors to her. In reply to the complaint, respondent No. 2 vide his letter dated 7. 5. 2008 (Annexure-13) intimated that the officiating appointment was not made in accordance with the established DPC and the inter-se-seniority list issued by the Director of Health Services vide Memo No. C. 18015/1/2006-DHSN dated 5. 2. 2008 is based on DPC merit which is recommended to stand. It is further informed that her officiating period will be counted for the purpose of ACP and Pensionary benefits in view of rendering services on officiating basis and stagnation in promotion but not for counting of her seniority.