PAWAN KUMAR Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This petition has been preferred by the writ petitioner challenging the promotion orders of respondents No. 6 and 7 to the post of Superintending Engineer in PHE Department, Government of Mizoram and for other reliefs including direction for his promotion.

(2.) The petitioner and the respondents No. 6 and 7 are Engineers working under the PHE Department of the Government of Mizoram. Earlier the Department of PWD and PHE were one and the same and they were initially [HN/ PKT] appointed as Assistant Engineers in the combined Department of PWD/PHE.In the year 1983, the Departments of PWD and PHE were bifurcated and two separate Departments were created. On creation of two distinct and separate Departments, options were called for from the serving engineers and according to the option exercised by them, their services were allocated to the Department of Cheir choice. Accordingly, vide notification elated 6.5.1986, the services of the petitioner and the Respondents No. 6 and 7 were placed art the disposal of the PHE Department. This was done as per option exercised by them. The services of other Engineers were also simultaneously placed at the disposal of the Department of their choice. Therefore, it appears that the petitioner and the respondents No. 6 and 7 became Engineers of the PHE Department permanently with effect from 6.5.1986.

(3.) Before bifurcation, in the combined seniority list, both the Respondents No. 6 and 7 were senior to the writ petitioner. This fact is not disputed. The inter-se-seniority list published from time to time also indicate this. That the writ petitioner was junior to the Respondents No. 6 and 7 in the cadre of Executive Engineer before and after bifurcation is not in challenge.