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MICHAEL ZOTHANKHUMA
Aldrin Malsawmtluanga – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Heard Mr. A.R. Malhotra, learned counsel for the petitioner. Also heard Mrs. Mary L. Khiangte, learned Government Advocate appearing for the respondent Nos. 1 to 5 and Mr. B. Lalramenga, learned counsel appearing for the respondent No. 7. None appears for the respondent No. 6.
2. The petitioner is aggrieved with the final inter-se-seniority list dated 18.01.2019 of Scientific Officers under the Science & Technology Department, Government of Mizoram, wherein the petitioner had been placed at Serial No. 3 and the respondent Nos. 7 & 8 have been placed at Serial No. 1 & 2 respectively. The petitioner is also aggrieved with the relaxation of Column 12 of Annexure-1 of the 2016 Rules for consideration of promotion of the private respondents to the post of Senior Scientific Officers in the Directorate of Science & Technology and their consequential promotion order.
3. The petitioner’s counsel submits that the respondent Nos. 7 & 8 had been appointed to the post of Scientific Officers under the Mizoram Council of Science, Technology & Innovation, which was subsequently renamed as Mizoram Science, Technology & Innovation Council, herein after referred to as MISTIC (respondent No. 5
Once an incumbent is appointed to a post according to rule, his seniority has to be counted from the date of his appointment and not according to the date of his confirmation.
The main legal point established in the judgment is that the seniority of the petitioners should be counted from the date of their regularization as Assistant Engineers. The court also emphasized the....
Point of Law : 10. Court should not embark upon on and enquiry into the merits of the case and that writ petition should be dismissed on the ground of laches alone.
The court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
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