VENHNUAITHANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr H. Lalringthanga, learned counsel for the petitioners and Mr T. Vaiphei, learned Assistant Advocate General for the State of Mizoram and Mr G. Raju, learned counsel and Mr. M.M. Ali, learned counsel for the private respondents.

(2.) With the consent of the parties Writ Petition (C) No. 16/94 and Writ Petition (C) No. 5/95 are heard and disposed of by this common order. The five petitioners in both the cases are the same person. It may be mentioned here that during the pendency of this writ petition the petitioner No. 5 Shri Sangkamlova died and as such no retlief has been sought in his favour. Respondent Nos. 5-9 in Writ Petition (C) No. 16/94 are the persons who were initially recruited as Script Writers in the year 1981 and for the purpose of convenience hereinafter referred as respondents Group I (RG I). The respondent Nos. 5,6 and 7 in the Writ Petition (C) No. 5/ 95 are the persons who are initially recruited as Script Writers in the year 1984-1986 and hereinafter referred as respondent Group n (RGII).

(3.) The facts: Petitioner Nos. 1-4 were recruited as Sub Divisional Information and Public Relations Officer (SDIPRO) under Mizoram Information and Public Relations and Tourism Department (Class III Posts) under Recruitment Rules, 1973 and their respective date of joining is as under petitioner No. 1 - 12.5.83, petitioner No. 2-26.4.83, petitioner No. 3 - 30.4.84 and petitioner No. 4 - 7.4.84. At the time of joining their services, the post of SDIPRO was the only feeder post for the purpose of promotion to Group 'B' and Group 'A' post. There was no rules for recruitment for the post of Script Writers, as a matter of fact, these posts were created in the year 1981 for the first time without framing any rules. The posts of Script Writer was re- designated as Assistant Information Officer by the State Government vide order dated 29.8.87. The post of SDIPRO was also re- designated as Assistant Public Relations Officer (APRO). Although initially Script Writers were given a higher scale of pay, after the re-designation both the post i.e. Assistant Information Officer and Assistant Public Relations Officer were given to the same pay scale (revised) of Rs. 1640-2900/-. Thereafter the State Government vide Notification dated 12.10.89 clubbed the post of Assistant Information Officer and Assistant Public Relations Officer and re-designated the same as Assistant Information and Public Relations Officer (APRO). New Recruitment Rules, called the Mizoram Information Public Relations and Tourism Department (Group 'B') Posts Recruitment Rules, 1976 were framed.