The main legal point established in the judgment is that the reservation system between Graduate and Diploma Engineers, as provided by Rule 22(5)(a) of the Mizoram Engineering Service (Amendment) Rules, 2017, is justified as long as there are Junior Grade MES Officers (Diploma) who have not been promoted to the Senior Grade of the MES.

JUDGMENT

Nelson Sailo, J. - Heard Mr. L.H. Lianhrima, learned Senior Counsel assisted by Ms. Ruth Lalruatfeli, learned counsel for the petitioners in WP(C) No.60 of 2019 and Mr. A.R. Malhotra, learned counsel for the respondent Nos. 5 to 9. Also heard Mr. Joseph L. Renthlei, learned counsel for the petitioner in WP(C) No.62 of 2019 and Mr. A.R. Malhotra, learned counsel for the respondent Nos. 5 to 11. Mr. C. Zoramchhana, the learned Addl. Advocate General, Mizoram appears for the State respondents in both the writ petitions.

2. Wp(C) No. 60 of 2019 pertains to Public Works Department (PWD for short) while WP(C) No. 62 of 2019 pertains to Public Health Engineering Department (PHE Department for short). Since the issue involved in both the cases are similar i.e., seniority between Diploma and Graduate Engineers, they are being disposed of by this common judgment and order.

3. The brief facts of the case in WP(C) No. 60 of 2019 is that the petitioners, who are 28 in numbers are Graduate Engineers and they were directly appointed to the Mizoram Engineering Service (MES for short). They are aggrieved with the fixation of separate seniority list for Graduate Engineers and Diploma Engineers in the Senior Grade of the MES under the PWD. According to them, reservation between Graduate and Non-Graduate Engineers is to be discontinued after all the present incumbent Non-Graduate Engineers in the Junior Grade as on the date of the commencement of the Mizoram Engineering Service Rules, 2013 (Rules of 2013 for short) get promoted, expired, retired or have quitted the service by any means. They contend that all the Non-Graduate Engineers in the Junior Grade of the MES as on the date of the commencement of the Rules of 2013 except for one Mr. O. Hari Mohan Singha have either been promoted or have retired from service and therefore, fixation of separate seniority list between Graduate Engineers and Diploma Engineers is not justified.

4. The petitioners therefore contend that the instruction issued by the DP&AR(GSW) vide Communication dated 26.07.2018 (Annexure-15), which is in response to the representation made against the fixation of inter-se-seniority of Senior Grade of the MES (PW cadre) cannot be sustained and should be set aside. The learned Senior Counsel by referring to the Notification dated 10.08.2018 (Annexure-18) submits that it can be seen from the provisional inter-se-seniority list of Senior Grade of MES under PWD cadre (Civil) (Promotee) as on 06.08.2018, Sh. O. Hari Mohan Singha retired on superannuation pension on 31.08.2018 and therefore, there can no longer be any reservation between Graduate and Diploma Engineers and that there should be a common seniority list in the Senior Grade of the MES (PW cadre).

5. The petitioners further contend that under the PHE Department, placement to the Functional Post of the Senior Grade of the service is done on the basis of seniority as provided by the proviso to Rule 22(5)(b) of the Mizoram Engineering Service (Amendment) Rules, 2017 (Rules of 2017 for short). The said criteria having been followed in respect of the PHE Department, the same should be followed by the PWD as well.

6. Mr. C. Zoramchhana, learned Addl. Advocate General appearing for the State respondents on the other hand submits that the reservation of posts for Graduate and Diploma Engineers has to be maintained inasmuch as, there still are Diploma Engineers in the Junior Grade who are not yet promoted to the Senior Grade till date. Therefore, in view of Rule 22(5)(a) of the Rules of 2017, fixation of separate seniority list for Graduate Engineers and Diploma Engineers is fully justified and as per the Rules.

7. Mr. A.R. Malhotra, learned counsel appearing for the private respondent Nos. 5 to 9 in WP(C) No. 60 of 2019 adopts the argument of Mr. C. Zoramchhana, learned Addl. Advocate General and he submits that since there are Junior Grade Engineers who are not yet promoted to the Senior Grade, the quota system/reservation still