IMPORTANT POINT
The Court emphasized that the eligibility criteria for regularization under the Government of Mizoram Scheme must be strictly followed, particularly regarding age limits at initial engagement.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. Victor L. Ralte, the learned counsel appearing on behalf of the Appellants in WA No. 1/2024 and Mrs. H. Lalmalsawmi, the learned counsel appearing on behalf of the Appellants in WA No. 5/2024 as well as Mr. A. R. Malhotra, the learned counsel appearing on behalf of the private Respondents.

2. Both the Appeals arise out of the judgment and order dated 18.05.2023 passed in WP(C) No. 72/2022 by the learned Single Judge whereby the learned Single Judge had set aside the Minutes of the Meeting dated 20.11.2019 and the consequential order dated 04.02.2020 regularizing the Appellants in WA No. 1/2024 who were the private Respondent Nos.6 to 9 in WP(C) No. 72/2022. The learned Single Judge further directed that the fresh Departmental Promotion Committee (DPC) be conveyed to fill up four posts of Lower Division Clerks (LDC) after condoning the age of the Petitioner as per the ex-post facto approval directed to be granted. It was further directed that the DPC would be at liberty to accommodate the Petitioner and all the private Respondents in the writ petition if there are sufficient posts and if not, the principle of ‘last come first go’ shall apply.

3. For deciding as to whether there is any infirmity in the judgment and order dated 18.05.2023 passed in WP(C) No. 72/2022, we find it relevant to take note of the certain factual aspects which are narrated infra.

4. The case of the Petitioner in WP(C) No. 72/2022 was that she was initially engaged as a Muster Roll (MR) Lower Division Clerk (LDC) on 10.01.1996 without the approval of the Government. She continued to work as such under in the Office of the Executive Engineer, Lunglei Division, Irrigation & Water Resources Department who was the Respondent No. 5 in the writ petition until she was engaged with the approval of the Government in the DP&AR and in the Finance Department through Engagement Card dated 23.04.2012. The petitioner therein was first engaged for the period w.e.f. 01.03.2012 to 28.02.2013 and thereafter, her engagement was extended from time to time and continued till the time of filing of the writ petition. It is also relevant to take note of that the State Respondents had vide the Office Memorandum dated 29.05.2018 provisionally fixed the inter-se seniority of Muster Roll LDC employees. In the said Office Memorandum, the petitioner was placed at Serial No. 3 whereas the private Respondent Nos. 6, 7, 8 & 9 who were the Appellants in WA No. 1/2024 were placed at Serial Nos.4, 5, 6 & 7.

5. At this stage, it is pertinent to mention that the Government of Mizoram had in exercise of the power under the proviso to Article 309 of the Constitution formulated a Scheme called the Government of Mizoram Regularization of Muster Roll Employees Scheme, 2018 (for short, ‘the Scheme’). This Scheme was made for giving scope for regularization of Muster Roll Employees to regular posts under the Government of Mizoram. It applies to Muster Roll Employees in Group-C and Group-D categories under the Department of the Government of Mizoram who were duly employed by means of Engagement Cards issued by the Competent Authority with the prior approval of the Department of Personnel & Administrative Reforms and Finance Department under the Revenue Expenditure Heads of Accounts of the State and upon the recommendation of the Departmental Promotion Committee duly constituted by the Government in respect of Muster Roll Employees engaged on or after 19.02.2014. It was also mandated that the said Scheme was not applicable to Muster Roll Employees engaged on co-terminus basis under the State Government, Centrally Sponsored Scheme and any other Scheme borne employees. Clause 4 of the said Scheme, being relevant, is reproduced herein under:

“4. Regularization: Any person who has been continuously engaged on Muster Roll capacity for not less than 7 (seven) years as at Para 3 above shall be eligible for regularization to the corresponding post on the condition that:

(i)