H C RALAI Vs. CHIEF EXECUTIVE MEMBER, MARA AUTONOMOUS DISTRICT COUNCIL
HIGH COURT OF GAUHATI
H C Ralai
Chief Executive Member, Mara Autonomous District Council
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S. Serto, J. -
(1.) This is a writ petition filed by 110 employees of Mara Autonomous District Council (in short, MADC), a Council constituted under 6th Schedule of the Constitution of India. The petitioners were appointed to various posts and services viz; Primary School Teacher, IV Grade, Driver, Private Secretary to Chairman, Stenographer, LDC-cum-Computer Operator and Teacher in Middle School under Operation Black Board. They are challenging the notification dated 16.04.2018, issued by the Secretary to the Government of Mizoram, District Council & Minority Affairs Department, vide Office Memo No. A.11013/1/2018- DC&MA, whereby their appointment orders have been cancelled and declared null and void from the date on which they were issued, and whereby the Chief Executive Member of MADC was directed to confirm compliance of the same by 16.04.2018; and also challenging the orders by which the Executive Secretary of MADC cancelled the appointment orders of all the petitioners which were issued on 20.04.2018 and 02.05.2018 in compliance of the above stated impugned order.
(2.) Heard Mr. Victor L.Ralte, learned counsel for the petitioners and also Mr. B. Lalramenga, learned Standing counsel appearing for the MADC/respondent No.1 & 2 and Mr. A.K.Rokhum, learned Addl. Advocate General for the respondent No.3.
(3.) The facts and circumstances which led to the filing of this writ petition are as follows;
The petitioners were appointed to various posts and services of MADC by vide appointment orders given here below;
(i) petitioners No. 1 to 71 appointed as Primary Teacher on fixed pay basis vide order dated 13.12.2017, Office Memo No. MADC.9/GAD/2015-16.
(ii) petitioner No. 72 appointed as IV Grade on fixed pay basis vide order dated 20.09.2017, Office Memo No. MADC.81/GAD/2015-16(I)/107.
(iii) petitioner No. 73 appointed as Driver on fixed pay basis vide order dated 16.08.2017, Office Memo No. MADC.9/GAD/2015-16/137. (iv) petitioner No. 74 appointed as Private Secretary to Chairman on Coterminus basis vide order dated 27.06.2017, Office Memo No. MADC.9/GAD/2015-16.
(vi) petitioners No. 75 & 76 appointed as Stenographer and LDC-cum- Computer Operator respectively on fixed pay basis vide order dated 13.09.2017, Office Memo No. MADC.81/GAD/2015-16/105. (vii) petitioners No. 77 to 85 appointed on fixed pay basis as Middle School Teacher Operation Black Board were regularized vide order dated 14.12.2017, Office Memo No. MADC.9/GAD/2015-16, and (viii) petitioners No. 86 to 110 appointed as Primary Teachers on fixed pay basis vide order dated 13.02.2018, Office Memo No. MADC.9/GAD/2015-16.
While the petitioners were continuing in their respective posts/services, the Secretary to the Government of Mizoram, District Council & Minority Affairs Department, issued the impugned notification dated 16.04.2018, whereby as stated already all the orders by which the petitioners were appointed to their respective posts and services were cancelled and declared null and void from the date on which the orders were issued. The full contents of the impugned order at Annexure-5 of the writ petition are reproduced here below; "No. A.11013/2018-DC&MA
GOVERNMENT OF MIZORAM
DISTRICT COUNCIL & MINORITY AFFAIRS DEPARTMENT .
Dated Aizawl, the 16th April, 2018.
The MADC had issued orders for appointment/regularization of employees without obtaining prior approval of the Hon'ble Governor as detailed given below;
1. 71 Nos. of Fixed Pay Teachers vide No. MADC.9/GAD/2015-16, dt. 13.12.2017.
2. 1 no. of Fixed Pay IV Grade vide No. MADC.81/GAD/2015-16, dt. 20.09.2017.
3. 1 no. of Driver on Co-terminus basis vide No..9/GAD/2015-16, dt. 16.08.2017.
4. 1 no. of Private Secretary to Chairman on Co-terminus basis vide No. MADC.9/GAD/2015-16, dt. 27.06.2017
5. 2 nos. of Fixed Pay Steno and LDC vide No. MADC.81/GAD/2015- 16/105, dt. 13.09.2017.
6. 9 nos. of Regularisation of Middle School Teachers vide No. Sd/- RODNEY L.RALTE
Secretary to the Govt. of Mizoram
District Council & Minority Affairs Department".;
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