C. TALWNLUAIA Vs. STATE OF MIZORAM & OTHERS
LAWS(GAU)-1994-1-16
HIGH COURT OF GAUHATI
Decided on January 21,1994

C TAWNLUAIA AND ORS Appellant
VERSUS
STATE OF MIZORAM AND ORS Respondents


Referred Judgements :-

DELHI WATER SUPPLY AND SEWAGE V. R. K. KASHYAP [REFERRED]
STATE OF MAHARASHTRA V. JAGANNATLI ACHYUT KARANDIKAR [REFERRED]
UNION OF INDIA V. M. P. SINGH [REFERRED]
DAL AT ABASAHEB SOLUNKE VS. DRB S MAHAJAN [REFERRED]
DIRECT RECRUIT CLASS II ENGINEERING OFFICERS ASSOCIATION VS. STATE OF MAHARASHTRA [REFERRED]


JUDGEMENT

- (1.)The only point for determination in these civil Rules is whether a High Court in a petition under Article 226 of the Constitution can upset the order of seniority of officers fixed by the Government on the basis of the positions placed by the Selection Board.
(2.)Concisely the facts are as follows: While Mizoram was a Union Territory, the Petitioners, the Respondents 4 to 8, and some other persons were appointed to Duty Post under the Mizoram Civil Services Rules, 1977, hereinafter for short the 'MCS' All those appointments were made on ad-hoc, but the appointed persons were allowed to continue for years without break by extending each time for 6 months. In the Duty Post of the Subordinate Civil Service, the Petitioners Shri C. Tawnluaia, was appointed from 1.4.78; Lalmawia Chhakehhuak from 1.7.78; the other Petitioners, Lalhnuna Chcnkual, Remmawia, S. Rohinglova and F. Hmingthanga from 9.1.82. The Respondents No. 447 i.e P. Lungliana, H. Liangsailova, C. Ropinga and Vencgmawia. were appointed from 9.1.82 and Respondent No. 8. N. Zokunga, from 23.5.88. By a notification dated 29.7.85 (Annexure-7) issued by Respondent No. 3 (the Secretary, Department of Personnel and Administrative Reforms) Government of Mizoram, declared final inter se seniority list of 47 Subordinate Civil Service (Group B) officers wherein the gradation of the Petitioners and Respondents 4 to 8 were shown as follows: JUDGEMENT_16_LAWS(GAU)1_1994.html
(3.)These officers became eligible for consideration for inducting into MCS Grade 2 posts on substantive basis. According to this list (Annexure 7) C. Tawnluia was senior to Respondents 4 to 8. Lalmawia; S. Rochhunga, F. Hmingthanga were senior to Respondents 5 to 8, Remmawia and Lalhnuna were senior to Respondents 6 to 8. This gradation was accepted by the Petitioners and Respondents 5-8. But thereafter, by notification dated 17th March/87 (Annexure-8) issued by Respondent No. 2 (the Chief Secretary, Government of Mizoram) appointed 25 officers of the Subordinate Civil Service Group B to MCS Grade 2 on substantive basis in the order of merit placing their gradation as per recommendation of the Selection Board appointed under the Rules, In this appointment the seniority was as follows: JUDGEMENT_16_LAWS(GAU)1_1994.html


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