LAL ZIDINGA SAILO Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The petitioner is an Officer in the Mizoram Khadi and Village Industries Board. At the time of institution of this petition, he was working as Deputy Director in the Khadi and Village Industries Commission of Govt. of India on deputation. The petitioner has filed this petition praying for issue of a writ directing the State of Mizoram to give effect to the recommendation of the Mizoram Public Service Commission dated 10.3.97 (Annexure-XII) and to appoint the petitioner in the Junior Grade of Mizoram Civil Service w.e.f. 3.7.97.

(2.) I have heard Mr George Raju, learned counsel for the writ petitioner as well as Mr Vaiphei, learned Assistant Advocate General.

(3.) It would be convenient to clear the facts before the embark upon the discussion as to whether the petition has enforceable right. On 20.12.95, the Mizoram Public Service Commission notified that 2 (two) posts in Junior Grade of Mizoram Civil Service are to be filled up by absorption of gazetted officers of various departments after selection. Officers interested were also called upon to submit their applications and particulars on or before 19.1.96. But, thereafter, in suppression of this notification, another advertisement was issued on 17.11.96 clarifying that 2 (two) posts in Junior Grade of Mizoram Civil Service would be filled up by selection from amongst the gazetted officers working in substantive capacity in connection with the affairs of the State having served for a period of five years. The petitioner, whose name was forwarded to the Commission, was selected by Sesrice Commission along, with. 4 (four) others. The recommendation for induction of the petitioner along with others was made vide letter dated 10.3.97 which reads as follows: