LALZAWMLIANA, S/O HMARHMINGLIANA Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI
Lalzawmliana, S/O Hmarhmingliana
STATE OF MIZORAM
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N. Sailo, J. -
(1.) Heard Mr. Lalremtluanga, the learned counsel for the writ petitioners. Also heard Mr. A.K. Rokhum, the learned Addl. Advocate General appearing for the respondent Nos. 4 and 5. Mr. B. Lalramenga, the learned Standing Counsel, Environment & Forest Department represents the respondent Nos. 1, 2 and 3.
(2.) The case of the writ petitioners in brief is that they were appointed either as officiating or ad hoc Drivers under the establishment of the respondent No. 1 between the years 1990 to 1992. Subsequently, a Departmental Promotion Committee (DPC) was held on 17.07.1997 and following the recommendation of the DPC, the petitioners were regularized in the post of Drivers w.e.f. 17.07.1997 vide Office Order No. 271/1997 (Annexure-VIII).
(3.) It is the case of the writ petitioners that regularization of their services in the post of Driver should have been done with effect from the date they were appointed either as officiating or ad hoc Drivers. In this connection, the petitioners submitted their representations as early as on 17.09.2001 before the respondent No. 1 (Annexure-X). The State respondents in the Finance Department vide Notification dated 03.05.1994 (Annexure-VII) notified the creation of 3 (three) Grades for Government Drivers with appropriate pay scale attached to each Grade. According to the Notification, Drivers who have not completed 5 years of service would be placed in the Driver Grade-III Grade while those who have completed 5 years of continuous regular service as Driver Grade-III as on 1.1.1986 and subsequently would be placed in the Driver Grade-II (Non-functional categories). In case of Drivers who have completed 15 years of regular service as on 1.1.1986 or subsequently with effect from the date of entry into regular service would be categorized as Driver Grade-I (Non-functional).;
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