SH LALROPUIA HMAR Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THE grievance of the petitioner is with regard to the failure of the Mizoram Public Service Commission (MPSC) to recommend him for promotion to the grade of Executive Engineer in the Public Health Engineering Department. THE petitioner is also aggrieved by the failure of respondent Nos. 1 to 3 to objectively consider the case of the petitioner for promotion to the grade of Executive Engineer in the Public Health Engineering Department. In this regard, the prayer made by the petitioner is for setting aside the notification dated 10.12.2009 issued by the MPSC recommending the promotion of respondent Nos. 5 and 6 to the grade of Executive Engineer and for setting aside the letter dated 11.5.2010 issued by the Department of Personnel & Administrative Reforms (DP & AR) of the State of Mizoram refusing to accept the upgradation of the ACRs of the petitioner for the year 2006-2007.

(2.) IN terms of the relevant Recruitment Rules called the Mizoram Engineering Service Rules, 2001 an Assistant Engineer is eligible for promotion to the grade of Executive Engineer if he has put in 8 years regular service as an Assistant Engineer and on passing the requisite departmental examinations.

(3.) WHEN the petitioner learnt that he had been superseded for promotion to the post of Executive Engineer, he made a repres-entation dated 28.12.2009 to the Principal Secretary to the Govt. of Mizoram, Public Health Engineering Department, Aizawl in which he stated that the grading "Good" given to him in the ACR for the year 2006-2007 was not justified and that his ACR deserved to be upgraded. The petitioner gave supp-orting materials along with his representation.