AIZAWL BENCH MIZORAM ADMINISTRATIVE OFFICERS Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India presented by Mizoram" Administrative Officers, (Non-Gazetted) Association, in short, AO (NG), against the State of Mizoram and other Public Respondents including Mizoram Public Service Commission (MPSC), respondent No. 5.

(2.) Briefly stated, the petitioners total 28 numbers of them, claimed that they were recruited as Administrative Officers after the Mizoram disturbance of 1966, when peace returned and the administration felt exigencies of creating the posts of Administrative Officers. Initially Administrative Officers were from the Assam Civil Service, Class II and ex- emergency Commission Officers. On declaration of Mizoram an Union Territory gradually Administrative Officers were recruited in the year, 1973,1976,1980,1982 and 1986 through Open Competitive Examination from amongst the Graduates. There was Administrative Officers (Non Gazetted) Recruitment Rules, 1975 framed by the Government defining such A.O. as Class III, Non Gazetted and the Lt. Governor of Mizoram by his decision, vide Memo No. POL. 4/72/ 22 dated 16.6.82, directed AOs to be the training ground and sources of recruitment for permanent vacancies in the Administration including Police Personnels and as such the posts of AO(NG) attracted brilliant graduates. That the petitioners inspite of completion of 15-20 years of service have remained in the same grade not-withstanding the fact that on entry they were promised promotion on completion of 5 years of service. There was no scope of promotion for the AOs (NG) under Administrative Officers' (Non Gazetted) Recruitment Rules, 1975, although Mizoram Subordinate Civil Services, Group 'B' Recruitment Rules, 1983 made avenues for 50% vacancies to AO (NG) who had regular service for more than 5 years in the Grade. But Mizoram Subordinate Civil Services Rules, 1988 came into force writing off promotional avenues to them without the consent of the petitioners. Mozoram Subordinate Civil Services, Group 'B' posts were all inducted into Mizoram Civil Service. Mizoram Civil Service Rules, 1988 and Amendment Rules, 1992 provided 33 1/ 3% of the vacancies to be filled up from persons, holding Gazetted posts in substantive capacity in connection with the affairs of the State, with not less than 13 years of service by method of selection. That such Rules were violative of the Principle of Natural Justice and detrimental to Fundamental Rights of the petitioners. Although provided by Government instruction petitioners' Association was not consulted by the Government before framing the rules. That finally Mizoram Civil Services Rules, 2000 has come into force with 33 1/3% promotional quota for persons holding substantive post with 5 years service and for AO(NG) with 8 years service. Representations of the petitioners to upgrade them into M.C.S. (Junior Grade) were not considered by the Government. That in the meantime, Administrative Reforms Commission report was submitted to the Government recommending induction of the AO (NG) to Mizoram Civil Services (Junior Grade) by creating circles of Administrative Units, if necessary, but the Government has rejected the report on flimsy grounds. Though many of the A.0s (NG) have already been inducted into MCS, the case of the present petitioners were not considered at all inspite of their rendering services spreading from 15 to 25 years. That upholding of the implementation of Mizroam Civil Service Rules, 2000 has come to seal every avenues for promotion of the petitioners curtailing their rights and they, having no other alternative remedy, have approached this Court for appropriated orders, directing induction of the petitioners' Association to MCS and/or for setting aside, or for making in-effective the provisions of Mizoram Civil Service Rules, 2000, in so far the rules violate the legal/ fundamental rights of the petitioners and to direct creation of proper scheme providing for proper avenues for promotions of the members of the petitioners' Association etc.

(3.) Respondents No. 1-4 have filed joint affidavit-in-opposition (excluding Mizoram Public Service Commission, respondent No. 5, and contended inter alia, that there was unexplained delay in presenting this case of non- promotion, which the petitioners claimed was due in 1976 but they approached the Court after expiry of about 26 years and only in 2002 for which fact alone the petition is liable to be dismissed/rejected. That the petitioners have not submitted any documents to show that Rolungmuana was duly authorised to plead for Administrative Officers (NG). That in fact, during the years 1974-75, AO (NG) and AO (G) Class II were recruited and during recruitment process, many AOs (NG) took part in the process and some of them came out successful. In the years 1977-78,13 numbers of AOS (NG) were recruited under the Mizoram Subordinate Civil Service, Group 'B' Recruitment Rules, 1983 where two officers from AO (NG) were recruited through examination. That there was always special attention of the Government in providing future promotion for AO (NG). In the MCS Rules, 1977, no provision was made for promotion of A.O. (NG) because the feeder grade for MCS Grade II was Group B Gazetted. However, the AOs (NG) were favourably given promotional quota keeping 50% of the vacancies reserved for Mizoram Subordinate Civil Service, Group II when the 1983 Rules were framed. That, 1988 Rules has been reconstituted by repealing the MCS Rules of 1977 and re-structuring the service into 4 grades, and 33 1/3% of the vacancies were reserved for Gazetted Officers of 8 years of service and AO (NG) of 13 years of service. They submitted that there cannot be any question of giving special treatment to the Writ petitioners with deprivation to others similarly situated persons. That not to speak of the cases of the petitioners, there are usually other service personnels for whom there is no scope for promotion during the entire service career and accordingly. Government is thinking to create other avenues and/or introducing the Assured Career Progressive Scheme to give reliefs to the officers who are having no scope for promotion. That if total impact from the beginning to end is taken, then the petitioners had got promotional avenues to more than 50% of the posts created. That act of framing rules comes under the policy decision of the Government which cannot be agitated before the Court of Law. That out of the total cadre of AO(NG), containing 69 persons most of them have already been prom oted to Mizoram Civil Service and there are Only 27 members left. That it is only a matter of lime that they would be promoted to the Mizoram Civil Service subject to the availability of vacancies and in according to their respective merit and the quota prescribed by the Rules. Therefore, the grievances of the petitioner are neither reasonable nor genuine. (Emphasis given). For the reasons the promotional avenues persist in the recent Mizoram Civil Services Rules of 2000, there is no question of asking for enforcement of any right of the petitioners which prayer is superfluous and that they have no right to interfere with the policy decisions of the Government etc.