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DEVASHIS BARUAH, MRIDUL KUMAR KALITA
Lalrinpari – Appellant
Versus
State of Mizoram – Respondent
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.
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.
Validity of notification will have to be tested with reference to constitutional provisions and Business rules and not by their form or substance.
Belated minor age shortfall objection invalid after judicially sanctioned appointment list inclusion; statutory relaxation warranted to prevent hardship.
The Court established that work-charged employees are entitled to regularization based on seniority and qualifications as per the 2004 Office Memorandum, not the 2015 one requiring 30 years of servic....
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