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 35% of the total duty post in the Junior Grade is to be filled up by way of promotion from JE or Draftman Grade-I, who have completed 5 years of regular service in the Grade and have passed Departmental Examination in Engineering & Accounts unless exempted by special or general order. Promotion to the Junior Grade of the MES is to be made by way of selection method. The MES Rules of 2013 was amended by the Mizoram Engineering Service (Amendment) Rules, 2017 (MES Amendment Rules, 2017). Even after the said amendment, the method of filling up of the Junior Grade of the MES under Rule 22 (6) is the same. As per the Schedule to the MES Amendment Rules, 2017, the cadre strength in the post of Junior Grade of the MES is 349 posts and 35% of the same will be 122 posts. Therefore, out of 349 posts, 122 posts are to be filled up by way of promotion as contemplated under Rule 22 (6)(b)(1) of the MES Amendment Rules, 2017.

3. While the above is the position, the Govt. of Mizoram in the PWD vide Notification dated 09.11.2020 notified the up-gradation of 14 posts of Junior Grade MES (Civil) under the PWD cadre in the Level-10 of the pay matrix to Senior Grade MES (Civil) in the Level-11 of the pay matrix and thereby, rendering the total posts available for filling up by way of promotion to only 108 posts. According to the petitioners, while there is stagnation in the post of JE, the State respondents by upgrading 14 posts of the Junior Grade has narrowed down the chances of promotion for the JEs. Faced with such situation, the Service Association i.e., JESAM submitted representation to the Chief Minister of the State stating that although the MES Rules of 2013 and its amendment provides that JE upon rendering 5 years of service in the grade will be qualified to be considered for promotion to the Junior Grade of the MES but however, due to the limited scope of promotion, there has been huge stagnation in the post of JE and in average, the JEs are rendering about 16.48 years of their service in the same post. Therefore, they requested that non-functional posts for JE, both Senior Grade and Selection Grade with qualifying years of 10 years and 20 years be created with a Grade Pay as Rs. 5,400/-and Rs. 6,600/-respectively. Since there was no reply to the representation, the service Association submitted their second representation to the Secretary to the Govt. of Mizoram, DP&AR on 10.02.2016 and thereafter, their third representation to the Chief Secretary, Govt. of Mizoram on 14.03.2016. The representation of the service Association came to be regretted vide Communication dated 11.07.2016 of the Finance Department (PRU) stating that their demand for creation of non-functional Senior & Selection Grade would invite demand for the same from various categories of employ