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NELSON SAILO
Lalzarmawia Kawnpui – Appellant
Versus
State of Mizoram – Respondent
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
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
Promotion is an incident of service and not a vested right of an employee.
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....
Point of law: Promotion to higher post is only an incident of service and no Government servant has a vested right to be promoted to higher post. To put it differently, though a Government servant ma....
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
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