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2022 Supreme(Gau) 383

NELSON SAILO
Lalmuanpuia – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Lalremsanga Nghaka, Mr. Lalpianfela Chawngthu, Mr. Lalhmingsanga Hmar, Ms. Lalfakzuali.
For the Respondents: Ms. Mary L. Khiangte, Mr. A.R. Malhotra.

JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. Lalremsanga Nghaka, learned counsel for the petitioners. Also heard Ms. Mary L. Khiangte, learned Government Advocate appearing for the respondents Nos. 1, 2 and 3 and Mr. A.R. Malhotra, learned counsel for the respondent Nos. 5 to 10. None appears for the respondent No. 4 i.e. the Mizoram Public Service Commission (MPSC).

2. Brief facts of the case is that the petitioners were directly appointed to the Junior Grade of the Mizoram Finance and Accounts Service under the Finance Department on 08.09.2011 except for the petitioner No. 5, who was appointed on 02.05.2012. The private respondents were all appointed by promotion to the same Grade on 09.11.2010 after being selected through Limited Departmental Examination (LDE).

3. As per Rule 23 (2) of the Mizoram Finance and Accounts Service Rules, 2008 (Rules of 2008) which governs the service condition of all the petitioners and the private respondents, a member of the service in the Junior Grade is eligible for promotion to the Senior Grade after rendering regular service in the Junior Grade for a minimum period of 5 years subject to Rule 18. Rule 18 prescribes for departmental examination which is

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