Decided on August 03,2018

Jacinta Laltanpuii Appellant


A. M. Bujor Barua, J. - (1.) Heard Mr. A.R. Malhotra, learned counsel appearing for the appellant. Also heard Ms. Mary L. Khiangte, learned counsel for the authorities in the Government of Mizoram and Mrs. Dinari T. Azyu, learned counsel for the authorities in the Mizoram Public Service Commission. None appears for the respondent No.6, in spite of notice being duly served.
(2.) The appellant was appointed to the post of Assistant Engineer/Sub-Divisional Officer (AE/SDO) in the Minor Irrigation Department of the Government of Mizoram, in the scale of Pay Band-3 Rs.15600-39100/- Grade pay-5400/- plus other allowances as per the notification dated 26.09.2011 of the Secretary to the Government of Mizoram, Minor Irrigation Department. The appointment was made on the recommendation of the Mizoram Public Service Commission (in short, MPSC). By the same notification, several other persons were also appointed to the post of AE/SDO, including that of the respondent No.6. The notification shows that the candidates were appointed in order of merit and accordingly, it is to be construed that in the appointment process the appellant was the No.1 candidate in order of merit.
(3.) It is an admitted factual position of the parties that at the relevant point of time, when the two posts in the cadre of Executive Engineer (EE) fell vacant on 07.07.2011 and 31.07.2012, respectively, the Government of Mizoram Minor Irrigation Department (Group 'A' posts) Recruitment Rules, 2009 was in force. Rule 4 thereof, provides that the method of recruitment to the various posts shall be in accordance to the provisions of column 5 to 14 of Annexure-I of the Rules. Annexure-I provides that the posts in the cadre of EE shall be filled up 100% by promotion, out of which 75% shall be filled up by Graduate Engineers and the other 25% by Diploma Engineers and in the event, if appropriate candidates are not available, it may also be filled up by deputation. Annexure-I also provides that the AE/SDO who have not less than 5 years of regular service are eligible for such promotion and that the Departmental Promotion Committee (DPC) for the purpose would be the Mizoram Public Service Commission (MPSC).;

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