Point of Law: Date on which the private respondents were placed in the Functional Post of the Senior Grade under PHE Department. On such consideration, if the petitioners are found eligible to be promoted or to be placed in the Functional Post, the same shall be done without delay and consequential benefits as may be entitled

JUDGMENT :

Heard Mr. Joseph L. Renthlei, the learned counsel for the petitioners, Mr. C. Zoramchhana, the learned Addl. Advocate General for the State-respondent Nos. 1 to 4 and Mr. B. Lalramenga, the learned counsel appearing for the private respondent Nos. 5 and 6.

[2.] The facts of the case as projected by the petitioners may briefly be noticed at the outset. The petitioners are Diploma Engineers and the private respondent Nos. 5 and 6 are Graduate Engineers. They were all appointed under the Public Health Engineering Department (PHE Department). The petitioners were promoted to the Junior Grade of the Mizoram Engineering Service (MES for short) on 29.03.2000 and on 29.01.2001 respectively. Whereas, the respondent Nos. 5 and 6, both Graduate Engineers entered the MES in the same Grade on 20.12.1996 and 30.12.1997 respectively.

[3.] The State Government in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India framed the Mizoram Engineering Service Rules, 2013 (Rules of 2013), which governs the service conditions of Engineers working under the PHE Department amongst others. The next grade for promotion from the Junior Grade of the MES is to the Senior Grade in Pay Band-3 and in the scale of Rs. 15,600- 39,100/- with Grade Pay Rs. 6,600/- per month. In order to be considered for promotion to the Senior Grade of the MES which is by selection method, one must have completed not less than 5 years of continuous regular service in the Junior Grade and should have passed Departmental Examination in Engineering and Accounts conducted by the Mizoram Public Service Commission (MPSC). Rule 22(5) of the Rules of 2013 further provides that 80% of the post shall be reserved for Graduate Engineers and 20% of the post for Non-Graduate Engineers and further, the reservation system shall be discontinued after all the present incumbents Non-Graduate Engineers in Junior Grade as on the date of the commencement of the Rules get promoted, expired, retired or quitted from service by any means. As per the Schedule prepared in terms of Rule 6 and appended to the Rules of 2013, the total cadre strength under the PHE Department is 109, which includes 29 posts in the Senior Grade and 68 posts in the Junior Grade.

[4.] The State respondents in the Department of Personnel and Administrative Reforms (General Service Wing) [DP&AR (GSW) for short] pursuant to the decision of the Council of Ministers in its Meeting held on 23.07.2015 and in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India published a Notification on 04.08.2015 (Annexure 3) allowing Non-Functional upgradation in respect of the Members of the Junior Grade of the MES to the Grade Pay of Rs. 6,600/- per month on the condition that the member of the Junior Grade of the MES should have completed at least 10 years of unblemished continuous service in the Junior Grade. On such up-gradation, the incumbent shall be designated as Senior SDO/Senior A.E. The Notification further provided that any member of the Junior Grade of the MES who has already availed second stage in the MACP, 2010 shall be deemed to have been upgraded on Non-Functional basis to the Senior SDO/Senior A.E.

[5.] Thereafter, the State respondents in the DP&AR (GSW) vide Notification dated 12.08.2015 in continuation to its earlier Notification dated 04.08.2015 constituted a Screening Committee to consider the case for grant of Non-Functional up-gradation. The petitioners as well as the private respondents were then considered by the constituted Screening Committee on 17.11.2015 and consequently, they were upgraded to the Senior Grade of the MES on Non-Functional basis w.e.f. 04.08.2015 vide Notification dated 27.11.2015 (Annexure 4). Alongwith them, 9 other Officers were also upgraded.

[6.] Thereafter, the State respondents amended the Rules of 2013 by publis