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) on 18.07.1994 and 28.09.2001 respectively. The appointments of the respondent Nos. 7 & 8 had not been made through any selection process and the same had not been made in pursuant to any advertisement being issued in the electronic media and the newspapers. On the other hand, the petitioner was appointed as Scientific Officer in the respondent No. 5 organisation on 19.08.2002, in pursuant to an advertisement and a proper selection process.

4. The petitioner’s counsel submits that the respondent Nos. 7 & 8 were subsequently promoted to the post of Senior Scientific Officers in MISTIC on 09.05.2013 and 23.05.2013 respectively. Thereafter, the respondent Nos. 7 & 8 and the petitioner were attached to the Directorate of Science & Technology as Senior Scientific Officers and Scientific Officer respectively, vide office Order dated 13.05.2013. The respondent Nos. 7 & 8 and the petitioner were subsequently posted as Scientific Officers under the Directorate of Science & Technology on deputation, vide Notification dated 29.12.2015 issued by the Secretary to the Government of Mizoram, Planning and Programme Implementation Department, after relaxation of para 2.2 of the OM dated 02.07.2014 in relation to the respondent Nos. 7 & 8.

5. The petitioner’s counsel submits that in terms of para 2.2 of the OM dated 02.07.2014, a person in a higher grade pay/scale of pay than a Scientific Officer, could not be appointed on deputation to a post in a lower grade pay/scale of pay. As such, the respondent Nos. 7 & 8, who were Senior Scientific Officers having a higher pay scale, could not ordinarily be deputed as Scientific Officers in the Directorate of Science & Technology. Accordingly, Clause 2.2 of the OM dated 02.07.2014 was relaxed for the respondent Nos. 7 & 8, to enable them to be sent on deputation. He submits that the relaxation of Clause 2.2 of the OM amounted to the respondent Nos. 7 & 8 foregoing their promotion as Senior Scientific Officers and as such, the respondent Nos. 7 & 8 would have to be considered as Scientific Officers prior to their deputation for all purposes. He further submits that the vide notification dated 20.12.2017, the deputation period of the petitioner and the private respondents was extended for 2 years. As the service of the respondent Nos. 7 & 8 in MISTIC was not preceded by any advertisement or selection, their service as Scientific Officers in MISTIC was not regular service. As such, they were to be considered junior to the petitioner as Scientific Officers, who was selected after having undergone a selection process, pursuant to an advertisement.

6. The petitioner’s counsel also submits that the Mizoram Planning & Programme Implementation Department (Science & Technology) (Group A Post) Recruitment (Amendment) Rules, 2016, herein af