S ZOTHANSANGA Vs. STATE OF MIZORAM REPRESENTED
HIGH COURT OF GAUHATI
State Of Mizoram Represented
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A.M. Bujor Barua, J. -
(1.) Heard Mr. C. Lalramzauva, learned senior counsel for the petitioners as well as Ms. Linda L. Fambawl, learned counsel appearing for the authorities in the State Government.
(2.) The petitioner Nos. 1 to 5 were appointed as Overseer Grade-II (WC) respectively on 10.05.1994 and 12.05.1994, on a work charge basis, whereas the petitioner No. 6 was appointed as Junior Engineer (WC) on 27.06.1996 also on a work charge basis. Having so worked, by the Office Order dated 05.06.2009 under the signature of the Chief Engineer Public Health Engineering Department (PHED) and on the recommendation of the Departmental Promotion Committee, they were regularized against the regular post of Overseer Grade-II (for short, OS-II).
The service condition of the Overseer was earlier governed by the Recruitment Rules as provided under the Notification No.PWE 97/73/225 dated 31.10.1975. But subsequently on the framing of the Mizoram Public Works Department and Public Health Engineering Department (Group "C" post) Recruitment Rules, 2000 (hereinafter to be referred to as the Group C Rules of 2000) under the proviso to Article 309 of the Constitution of India, the earlier recruitment Rules stood repealed. The said Rules were notified as per the Notification No.A.12018/29/80-APT(B) dated 20.09.2000, and published in the Mizoram Gazette dated 18.10.2000. Under the Group C Rules of 2000, the posts of OS-II are to be filled up 100% by promotion, out of which 97% of the posts are to be filled up from Trained Section Assistant (TSA) with 5 years of regular service in the grade and 3% of the posts from the Trained Surveyor (TS) with 5 years regular service.
(3.) Another set of Rules also under the proviso to Article 309 of the Constitution of India called the Mizoram Public Works Department and Public Health Engineering Department (Group "B" Post) Recruitment Rules 2000, (hereinafter to be referred to as the Group B Rules of 2000) were also framed. Under the Group B Rules of 2000, the posts of Junior Engineer (Civil) (JE for short) are required to be filled up 90% by direct recruitment and 10% by promotion. For the purpose of promotion, the feeder post provided was OS-II with 5 years of regular service in the grade, after having passed the departmental examination in Engineering and Accounts.;
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