In the absence of specific rules governing seniority, the date of appointment should determine seniority.

H. Baruah, J.

1. Heard Mr. Michael Zothankhuma, learned Counsel for the petitioners as well as Mr. Aldrin Lallawmzuala, learned Additional AG appearing for the State respondents.

2. Office order dated 9.12.2003 (Annexure-9) of the Director of Health Services, Mizoram, Aizawl, Office order dated 5 2.2008 (Annexure-11) of the Director of Health Services, Mizoram Aizawl and a letter dated 7.5.2008 (Annexure-13) addressed to Smt. Lalbiaktluangi by the Director of Health Services, Mizoram, Aizawl are the subject matters of challenge in this writ petition under Article 226of the Constitution.

3. The brief facts necessary for the purpose of disposal of this writ petition may be summarised as under:

The Director of Health Services, Mizoram, Aizawl vide office order No. 106/1984 dated 30.5.1984 (Annexure-1) appointed the writ petitioners as officiating Staff Nurse in the scale of pay of Rs. 425-640/- pm plus other allowances under the rules with effect from the date of joining at their posting place shown against their names. Vide office order No. 333/1984 dated 3.9.1984, Director of Health Services, Mizoram, Aizawl appointed the private respondent Nos. 3-14 as officiating Staff Nurse in the scale as aforesaid and other allowances under the Rules with effect from the date of joining of their posting place as shown against their names. Respondents Nos. 15 and 16 were appointed as Staff Nurse in the year 1985 joined their post on 18.2.1985. A Departmental Promotion Committee (for short, DPC) held on 19.8.1987 prepared a list of 93 candidates out of 110 for the post of Staff Nurses and Health Workers (Female) in order of merit whereby the respondents are put above the writ petitioners (Annexure-3). Office order No. 732/1988 dated 8.1.1988 was issued by the respondent No. 2 appointing the petitioners and the private respondents as Staff Nurses in the scale of pay of Rs. 1400-2600/- wherein it is specifically stated that in pursuant to the minutes of the DPC held on 19.8.1987, the petitioners and the private respondents were appointed subject to police verification and medical fitness certificate with effect from their dates of joining at their services in the officiating capacity. On 1.5.1989 respondent No. 2 issued a circular with a view to fix the inter-se-seniority amongst the Nursing Staff serving in Mizoram indicating that the date of joining of the Nursing Staff as shown against their names in the Appendix (Annexure-5). Liberty was given to make complaint within a period of 30 days from the date of issue of the circular failing which, it will be presumed that the concerned nursing personnel have accepted the seniority fixed by the Government.

4. The Governor of Mizoram, in exercise of power conferred by proviso to Article 309 of the Constitution made rules relating to recruitment to the post of Staff Nurse under nomenclature "Mizoram Health and Family Welfare Department (Group 'C') Recruitment Rules, 1989" (hereinafter referred to "1989 Rules") which came into force on and from 26.10.1989. Respondent No. 2, on 13.4.1992 again issued another notification indicating inter-se-seniority of Nursing Staff as per DPC held on 19.8.1987. By this notification, liberty was also given to submit complaint if aggrieved with the inter-se-seniority list (Annexure-7). In the inter-se-seniority list prepared by the respondent No. 2, all respondents are placed above the writ petitioners except respondent No. 6 namely, Zothanmawii Hmar. Thereafter, vide office order No. 262/1995 dated 31.5.1995 (Annexure-8), respondent No. 2 confirmed 192 Staff Nurses in their posts with effect from the date of issue of the order i.e. 31.5.1995. By the office order dated 9.12.2003, respondent No. 2 published the final seniority list of the Staff Nurses appointed on and from 1.5.1997 fixed as per the DPC (Annexure-9) wherein the private respondents are placed above the petitioners. By another office order dated 5.12.2008, respondent No. 2 again published another final