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2023 Supreme(Gau) 491

NELSON SAILO
Junior Engineer Service Association of Mizoram represented by its President – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
For the Petitioner: Mr Anil Rinliana Malhotra.
For the Respondents: Mr. C. Zoramchhana.

JUDGMENT :

1. This Order will dispose of both the writ petitions. WP(C) No. 116 of 2020 is filed by the Junior Engineer Service Association of Mizoram (JESAM) represented by its President, while WP(C) No. 16 of 2022 is filed by 4 (four) individuals, who are working as Junior Engineer in Public Health Engineering Department (PHE), Public Works Department (PWD) and Power & Electricity (P&E) Department. For the sake of convenience and brevity, the facts in WP(C) No. 16 of 2022 will be referred to.

2. Petitioner No. 1 was appointed as a Junior Engineer (JE for short) in the PHE Department on 26.02.1990 and the petitioner No. 2 was also appointed as JE under the PWD on 20.12.1990. As for the petitioner Nos. 3 & 4, they were appointed as JEs under the P&E Department on 15.01.1993. The post of JE is a feeder post to the Junior Grade of the Mizoram Engineering Services (MES). In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Mizoram framed the Mizoram Engineering Service Rules, 2013 (MES Rules, 2013). As per Rule 22 (6) of the MES Rules, 2013, 65% of the post of Junior Grade is to be filled up by way of direct recruitment while

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