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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO, J.
Sh. Miltona, S/o Nengzachin and Ors – Appellant
Versus
State of Mizoram and 4 Ors. – Respondents
WP(C) 64 of 2023, WP(C) 52 of 2022
Decided on : 06-05-2024
Counting of Past Service - Government School Teachers - Govt. of Mizoram, Education & Human Resources Development Adhoc Recurring Grant-in-Aid for General Maintenance of School Rules, 1997, Article 309 of the Constitution of India, Mizoram Government Employees (Counting of Past Service) Rules, 2020 - The court discussed the eligibility criteria for pay upgradation of Government School Teachers, the provisions for counting past service, and the applicability of the Rules of 2020. The court found that the petitioners were entitled to be considered for counting their past services rendered prior to their regular appointment in terms of the Notifications dated 19.07.2013 and 02.07.2014.
Fact of the Case:
The petitioners, who were appointed as High School and Middle School Teachers on adhoc basis, sought the benefit of counting their past service for pay upgradation in line with the relevant notifications and rules.
Finding of the Court:
The court found that the petitioners were entitled to be considered for counting their past services rendered prior to their regular appointment in terms of the Notifications dated 19.07.2013 and 02.07.2014.
Issues: The main issue was whether the petitioners, who were initially appointed under adhoc basis, were eligible to count their past services for pay upgradation in accordance with the relevant notifications and rules.
Ratio Decidendi: The court held that the petitioners were entitled to be considered for counting their past services rendered under the CSS/Adhoc for their placement to the Senior and Selection Grade in terms of the Notification dated 19.07.2013 read with Corrigendum dated 02.07.2014.
Final Decision: The court directed the respondents to process the case of the petitioners for counting their services rendered under the CSS/Adhoc for their placement to the Senior and Selection Grade in terms of the Notification dated 19.07.2013 read with Corrigendum dated 02.07.2014. The entire exercise was to be carried out within a period of eight (8) weeks from the date of receipt of the court's Order. Writ petitions accordingly stand disposed of. No cost.
JUDGMENT :
This Order will dispose of both the writ petitions. Heard Mr. Victor L. Ralte, learned counsel for the petitioners in both the writ petitions and Mrs. H. Lalmalsawmi, learned Govt. Advocate for the State respondents in WP(C) No. 52/2022. Mrs. Mary L. Khiangte, learned Govt. Advocate who represents the respondents in WP(C) No. 64/2023 is absent today. However, since the issues involved in both the writ petitions are similar and as pleadings are complete, the writ petition is taken up for disposal.
2. Brief facts of the case as projected by the petitioners in WP(C) No. 52/2022 is that the petitioner Nos. 1 to 9 were appointed as High School Teacher on adhoc basis under various Schools during the period between 2008 to 2011. As for the petitioner No. 10, he was appointed as Middle School Teacher on adhoc basis in the year 2008. The appointment of the petitioners were duly approved by the District Education Officer concerned as per the relevant provisions of the Govt. of Mizoram, Education & Human Resources Development Adhoc Recurring Grant-in-Aid for General Maintenance of School Rules, 1997.
3. It is the case of the petitioners that the Govt. of Mizoram in the School Education Department vide Notification dated 17.07.2014 allowed placement of Teaching cadre to employees in Deficit and Adhoc Aided School Teachers to Senior and Selection Grade subject to fulfillment of eligible criteria provided in the Notification with effect from 01.09.2012. Teachers having 8 years regular service in the relevant entry grade in teaching profession in Deficit or Adhoc Aided Schools as Teacher, Lecturer, Headmaster shall be eligible to enjoy the Senior Grade. Likewise, Teachers having 16 years of regular service in the relevant entry grade in teaching profession in Deficit or Adhoc Aided Schools as Teacher/Lecturer/Headmaster shall be eligible to enjoy the Selection Grade. In terms of the Notification, the petitioner Nos. 1 to 4 and 6 to 10 were upgraded to the Senior Grade between the years 2016 to 2017. However, the petitioner No. 5 was not upgraded.
4. For filling up of 111 posts of Government High School Teacher in Science and in Maths subject, an Advertisement was issued by the Mizoram Public Service Commission (MPSC) on 06.01.2017 through Advertisement No. 21 of 2016 to 2017. All the petitioners applied for the post advertised through proper channel and after going through the selection process, they were selected for appointment. The petitioner Nos. 1 to 7 and 10 were appointed vide Office Order dated 09.02.2018 while the petitioner Nos. 8 & 9 were appointed vide Office Order dated 15.05.2018. The services of all the petitioners were thereafter confirmed vide Office Order dated 08.11.2021.
5. The Governor of Mizoram in exercise of the powers conferred by proviso to Article 309 of the Constitution of India framed the eligibility criteria for pay upgradation of Government Primary School, Middle School and High School Teachers in the Senior and Selection Grade with effect from 01.06.2012. The same was notified by the Govt. of Mizoram in the School Education Department vide Notification dated 19.07.2013 (Annexure-10). As per Clause 1(a) of the Notification, regular/confirmed School Teachers/Headmasters with 8 years of service in the relevant entry grade in teaching profession shall be eligible to enjoy the Senior Grade. Clause 1(b) provides that for the purpose of counting 8 years service in the entry grade, those services rendered in adhoc/deficit service continued by regularization into Government Service without any break shall be counted as qualifying service. Likewise, for being placed in the Selection Grade, 16 years of service (8 Senior Grade years + 8 years service) in the entry grade, the services rendered in adhoc/deficit services continued by regularization into Government Service without any break shall be counted as qualifying service. The Notification dated 19.07.2013 was amended vide Corrigendum dated 02.07.2014 (Annexure-1
AI
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