DOHMINGTHANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Petitioner herein was initially appointed as Lecturer in Mizoram Hindi Training Institute, Aizawl under the Education Department in the scale of pay of Rs. 700-1300/- vide notification No. A-22017/2/82-EDN/95-A dated 19.7.1984 (Annexure-1) and while he was serving in such capacity by another order No. E-11011/3/88-SHS dated 1.2.1988 authorised him to look after Mizoram Special Hindi School until regular appointment of Principal or Vice-Principal. While he was holding the post as indicated above vide notification No. A-32012/17/90-EDN dated 4.12.1991(Annexure-3) (he) was promoted and posted as Vice Principal of the Said School (Mizoram Special Hindi School) on adhoc basis in the scale of pay of Rs. 3000-4500/-. Govt. of Mizoram vide notification No. E-12016/1/91-EDN dated 27.11.1995 accorded provisional permission for opening of degree classes in the Mizoram Special Hindi School with major subjects with the concurrence of the Finance Department. Subsequently, Mizoram Special Hindi School was renamed as Mizoram Comprehensive School of Education and Degree College. The said institute was again renamed as Mizoram Institute of Comprehensive Education by a notification dated 6.5.1997 (Annexure-7) on the recommendation of Mizoram Public Service Commission.

(2.) Director of College Development Council, North Eastern Hill University, Shillong vide his letter No. CDC. A/144/95-1535 dated 9.2.1999 granted provisional affiliation to Mizoram Comprehensive School of Education and Degree College for a period of two years with effect from 19.11.1998 to 18.11.2000. In the year 2000 vide notification dated 22.3.2000 (Annexure-10), the college section of the said institute was de-linked from the institute with all lecturers and staffs of Science discipline and accommodated in Government Zirtiri Women College while all lecturers and staffs of Arts discipline were accommodated in Government Aizawl College in their grade pay minus the petitioner which resulted the placement of Mizoram Institute of Comprehensive Education under School Education Department. It is contended that the petitioner was not afforded any opportunity to opt as to whether he was willing to continue and serve with the said school or join the college like others. It is also contended that he was not given any scope for promotion to the next higher grade in the school education department.

(3.) The petitioner in the above facts situation has made the following prayer: