Statutory provisions of Recruitment Rules cannot be overridden by executive or administrative instructions.

arned counsel for the petitioner and Mrs. H. Lalmalsawmi, learned Govt. Advocate who appears for all the respondents.

2. Brief facts of the case essential for disposal of the writ petition may be noticed at the outset. The petitioner was appointed as Junior Engineer under the Directorate of Urban Development & Poverty Alleviation Department (UD&PA) on contract basis at a fixed monthly remuneration with effect from 12.11.2009 up to 28.02.2010 upon being recommended by the duly constituted DPC which held its meeting on 13.10.2009. The service of the petitioner was extended from time to time and consequently, he was regularized in service on the recommendation of the Mizoram Public Service Commission (MPSC) with effect from the date of joining the post by Notification dated 20.12.2016. Upon completion of probationary period successfully, which was for two (2) years, the petitioner along with another person were confirmed in service with immediate effect. The petitioner is also at S. No. 1 of the final seniority list of Junior Engineer in the Pay Level 7 of the Pay Matrix under the UD&PA Department.

3. The case of the petitioner is that the next promotion from the post of Junior Engineer is to the post of Assistant Engineer as per the Mizoram Urban Development & Poverty Alleviation Department (Group ‘A’ post) Recruitment Rules (Rules of 2012). As per the Rules of 2012, there are two (2) sanctioned post of Assistant Engineer and the method of recruitment is 50% by direct recruitment and remaining 50% by promotion, failing which, by deputation. The Rules of 2012 was amended by the Mizoram Urban Development & Poverty Alleviation Department (Group ‘A’ post) Recruitment (Amendment) Rules, 2015 (Amendment Rules of 2015). As per the said amendment, the sanctioned post has been increased to four (4) posts and the quota meant for direct recruitment is 75% and for promotion quota 25%, failing which, by deputation.

4. According to the petitioner, his contract service was regularized and therefore, he can count one third of the past service rendered on contract basis as permissible under the Mizoram Government Employees (Counting of Past Service) Rules, 2020 (Rules of 2020). Therefore, by adding up the services rendered on regular basis as well as the past service rendered on contract basis, the petitioner is eligible to be considered against the 25% quota earmarked for promotion to the post of Assistant Engineer. The proposal submitted by the UD&PA for considering the promotion of the petitioner was rejected by the Department of Personnel & Administrative Reforms (DP&AR) vide I.D dated 01.02.2021. The proposal for relaxation of the Office Memorandum concerned to facilitate the consideration of the promotion of the petitioner to the post of Assistant Engineer was also regretted through the impugned ID No. A.12018/44/2020-P&AR(GSW) dated 15.11.2021. While rejecting the same, the UD&PA Department was advised to fill up the post by way of deputation as per the impugned ID No. A.12018/44/2020-P&AR(GSW) dated 20.10.2021. Aggrieved, the petitioner is before this Court.

5. This Court while issuing notice of motion on 29.06.2022 had passed the interim order to the effect that the ID dated 20.10.2021 advising the Department to fill up the vacancy by way of deputation should not be acted upon till final disposal of the case. The interim order remains in operation till date.

6. Mr. A.R. Malhotra, learned counsel for the petitioner submits that the Rules of 2012 and the amended Rules of 2015 have been framed by the Governor of Mizoram in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and the same provides amongst others the method of recruitment for the post of Assistant Engineer and the percentage of the post to be filled up by way of direct recruitment and by promotion. The percentage of post to be filled up is 75% by direct recruitment and 25% by way of promotion and failing which, by way of deputation. He submi