MIZORAM ADMINISTRATIVE OFFICERS Vs. STATE OF MIZORAM AND ORS.

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 AOs (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 Mizoram 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.) THE Petitioners thereafter filed a reply to the affidavit -in -opposition and again Addl. rejoinder affidavit also denying question of delay etc. and claiming that there was act of violation of natural justice, denial of the legitimate expectations and bar of promissory estoppel etc. as the case of AO (NG) for promotion to higher grade was not considered. That a relaxation made from time to time under Rule 27 of the MCS Rules, 1988 did not help the Petitioners to solve their problems of promotional avenues. That but for the curtailment of the promotional avenues all of them, by now, Would have been promoted to Mizoram Civil Service. The Petitioners is a registered Association bearing registration No. MAP. 115/72/89, dated 18.4.1974 and the its President has been authorised by resolution dated 1.5.2001 to file the petition. Giving further statistics of recruitment during different years for different categories, both by direct and by promotion, it was maintained that there are difference between direct and promotional recruitment of 56 in total alongwith fact of 5 persons being promoted from other services.