IMPORTANT POINT
Past service of a contractual employee can be counted as regular service for promotion if the nature of duties remains unchanged, despite changes in pay scale.

Headnote:
Service - Employment - Mizoram Government Employees (Counting of Past Service) Rules, 2020 - The Court interpreted the provisions of the Rules, emphasizing that past service rendered by a contractual employee must be counted towards regular service if the nature of duties remains unchanged.
Fact of the Case:
The petitioner challenged a corrigendum that canceled the recognition of his past service as a contractual employee for promotion purposes, arguing that his duties remained unchanged after his post was re-designated.
Finding of the Court:
The Court found that the nature of duties did not change with the re-designation of the post, thus allowing the petitioner to count his past service for promotion under the Rules of 2020.
Issues: Whether the petitioner could count his past service as a contractual employee for promotion after the re-designation of his post.
Ratio Decidendi: The Court held that the change in pay scale did not affect the continuity of service, and the petitioner was entitled to count his past service as regular service under the Rules of 2020.
Result: The writ petition is allowed, reviving the computation of the petitioner's past service as regular service.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. A. R. Malhotra, learned counsel for the petitioner. Also heard Ms. Caroline K Lungawipuii, learned Government Advocate appearing for the respondents no. 1, 2 & 3 and Mr. Zoramchhan, learned counsel appearing for the respondents no. 4, 5 & 6.

2. The challenge made in the present proceeding is to a Corrigendum dated 09.05.2022, issued by the Municipal Commissioner, Aizawl Municipal Corporation, cancelling an earlier order dated 30.03.2022, by which one-third of the past service of the petitioner rendered as a Contractual Employee was considered as regular service for the purpose of promotion to higher grade/post and deputation as per the provisions of the Mizoram Government Employees (Counting of Past Service) Rules, 2020 (hereinafter referred to as “the Rules of 2020”).

3. The facts in brief for adjudication of the issues arising in the present proceeding are noticed as under.

4. The petitioner, on his selection for the post of Sanitary Inspector on contractual basis under the Aizawl Municipal Corporation, was issued with an order dated 26.09.2011, appointing him as a Sanitary Inspector on contractual basis, against a post of Sanitary Inspector available in the establishment. The petitioner, on such appointment, was authorized a fixed pay. The petitioner, on execution of an agreement with the Chief Executive Officer, Aizawl Municipal Council, on 28.09.2011; proceeded to join his services. Although the initial appointment of the petitioner as a Sanitary Inspector was for a period of one year, the same was continued to be extended from time to time. The post of Sanitary Inspector, against which the petitioner was so appointed on contract basis, came to be re-designated as Enforcement Inspector vide an order dated 14.12.2020; issued by the Commissioner & Secretary to the Government of Mizoram, Urban Development & Poverty Alleviation Department. Vide the said order; the pay as authorized to the post of Sanitary Inspector on re-designation was also upgraded from Level-5 to Level-6. After the said re-designation of the post of Sanitary Inspector as Enforcement Inspector, the petitioner continued to discharge his duties against the said post on contractual basis. The case of the petitioner was thereafter, considered by the Mizoram Sub-ordinate Selection Board for regularization of his services. On the said board, recommending the case of the petitioner, herein, for regularization of his services, the Commissioner & Secretary to the Government of Mizoram, Urban Development & Poverty Alleviation Department, vide notification dated 13.01.2021, proceeded to regularize the services of the petitioner against the post of Enforcement Inspector. In the said notification, it was provided that the counting of past service for leave, qualifying service for promotion, deputation, pay, pensionary benefits, seniority list etc. shall be governed by the provisions of the said Rules of 2020. The petitioner, in terms of the said notification, was also required to remain on probation, for a period of 2(two) years. Thereafter, vide an order dated 09.03.2022, issued by the Commissioner & Secretary to the Government of Mizoram, Urban Development & Poverty Alleviation Department, on satisfactory completion of probation period of one year and in the interest of public service, the services of the petitioner was confirmed against the post of Enforcement Inspector.

5. On his such confirmation in service, the Municipal Commissioner, Aizawl Municipal Corporation, vide office order dated 13.03.2022, proceeded to determine the period of contractual service that would now be counted as regular service for the purpose of promotion to the higher post/grade, deputation etc., in terms of the provisions of the said Rules of 2020. Accordingly, a period of 03 years and 01 month was so computed in this connection in respect of the petitioner, herein. It was further provided that the benefit of such computation shall accrue to the