IMPORTANT POINT
Services rendered in one cadre cannot be counted for determining seniority in another cadre unless explicitly provided by rules governing seniority.

JUDGMENT :

Marli Vankung, J.

Heard Mr. Lalremtluanga, learned counsel for the petitioners along with Mrs. Mary L. Khiangte, learned Government Advocate for the State respondents.

2. The instant writ petition filed under Article 226 of the Constitution is for the issuance of the appropriate writ against the respondents and for setting aside the impugned orders dated 27.08 2004, 10.09.2004 and 18.11.2021, on the grounds that the past services of the petitioners, who were initially appointed as Constables in the Mizoram Armed Police during the period 1991 to 1997, were not considered at the time of consideration of their seniority, but that, their services were counted only from or after their transfer to Mizoram Unarmed Police in the year 2004. The case of the petitioner is that the respondents cannot ignore the past services of the petitioners while calculating their seniority and hence this writ petition.

3. Brief facts of the case is that the petitioners were appointed to the post of Constable Mizoram Armed Police, Indian Reserved Police between 1991 to 1996, where the concerned Commandant, Mizoram Armed Police, 1st, 2nd Battalion and the respondent No. 5 was the Competent Appointing Authority to issue the appointment orders. All the petitioners were then confirmed under their respective Battalion and thereafter, they were transferred and posted to Lengpui Airport Security on different dates. The transfer and posting order mentioned that the unit was released from the unit of MAP (Armed Police), Aizawl, and were said to join their new place of posting at Lengpui Airport Security on unit transfer with immediate effect. Thereafter, on 27th August, 2004 the impugned letter was issued by the Deputy Secretary to the Government of Mizoram, Home Department, which stated that the Government approved the conversion of 22 numbers of MAP (Armed) persons posted at Lengpui Airport into Unarmed (MRP) personnel w.e.f. the date of joining with the following conditions that:-

“They will not claim their seniority in the MAP. Their seniority will be counted from the date of joining in the unarmed Branch and inter-se-seniority amongst themselves while in the Armed Branch will be maintained.”

Thereafter, another impugned Order dated 10th September, 2004 was issued by the Assistant Inspector General of Police, Mizoram, Police Headquarters, Aizawl, which stated that, on the approval of the Mizoram Home Department, the following Constables (MAP) posted at Lengpui Airport are converted into Constable (MRP) and on the following conditions:-

“They will not claim their seniority in the MAP. Their seniority will be counted from the date of joining in the Un-armed Branch and inter-se-seniority amongst themselves while in the Armed Branch will be maintained.”

4. Mr. Lalremtluanga, learned counsel for the petitioners submitted that the two impugned Orders dated 27th August, 2004 & 10th September, 2004 are liable to be set aside and quashed since the petitioners were appointed against vacant post of constable MAP between the years 1991 to 1997 and they were duly confirmed before their transfer to Lengpui Airport in the year, 2000.

5. After their transfer, the two impugned orders/notifications dated 27th August, 2004 and 10th September, 2004 were issued, however the said two notifications were not given to the petitioners and they got to know of the orders/notifications only in October 2001. Aggrieved, they submitted their representation to the state respondents on 01.12.2020 which was unattended and was therefore followed by filing of the WP(C) No. 51/2021, which was disposed with a direction to the respondent to consider and representation of the petitioners within 6 (six) months. The respondents then issued the impugned order dated 18/11/2021 rejecting the representation of the petitioners. Aggrieved, the petitioners have filed the present writ petition.

6. The learned counsel for the petitioners submits the impugned orders/notifications are liable to be set aside i