Judicial review under Article 226 is discretionary and may be exercised despite an alternative remedy, but in this case, the existence of such remedy led to the dismissal of the writ petition.

JUDGMENT & ORDER :

MARLI VANKUN, J.

Heard Mrs. Dinari T. Azyu, learned counsel for the petitioners. Also heard Ms. Zairemsangpuii, learned CGC for respondent Nos. 1 to 3 and Mrs. Mary L. Khiangte, learned Government Advocate for the State respondent Nos. 4 to 6.

2. The instant writ petition is filed under Article 226 of the Constitution of India being aggrieved for not having been given retrospective promotion w.e.f. 2010 to the petitioners when the petitioner Nos. 1, 2, 3 & 4 were promoted to Indian Forest Service of AGMUT Cadre vide notification dated 27.06.2019 and placed in selection list of the year 2017, and the petitioner Nos. 5 & 6 were also promoted to Indian Forest Service of AGMUT Cadre vide notification dated 06.10.2020 and placed in the selection list of 2018.

3. The case of the petitioners in brief is that they were appointed to the Mizoram Forest Service during the year between 1984 and 1986, and thereafter, they were promoted to senior grade during the year between 2009 and 2015 rd respectively. Under the 3 proviso to Rule/Regulation 5(2) of the Indian Forest Service (Appointment by Promotion) Regulations, 1966, it was provided that a member of the State Forest Service who has completed 8 (eight) years continuous service will be eligible for consideration for induction to the Indian Forest Service by way of promotion by the Selection Committee. However, due to 4 (four) promotion quota posts of Indian Forest Service belonging to Mizoram Segment being diverted to Arunachal Pradesh and Goa in the past, there was stagnation amongst the Mizoram Forest Service. The State Forest Service Association had been taking steps for restoration of the said diverted post and also for temporarily diversion of additional post from UT quota to solve the stagnation which has occurred within the Mizoram Forest Service. Finally, 4+2=6 posts was allotted to Mizoram segment, as a result of which the petitioner Nos. 1, 2, 3 & 4 were promoted to Indian Forest Service vide notification dated 27.06.2019 and they were placed in the select list of 2017. The petitioner Nos. 5 & 6 were also promoted to IFS (Indian Forest Service) vide notification dated 06.01.2020 and were placed in select list of 2018. The petitioners were dissatisfied with the allotment of select list 2017 & 2018 respectively, since there was vacant post from the year 2010 and unless they are given retrospective promotion they would be serving under junior Officers from other State Forest Service. Aggrieved, they had approached the respondent authority on several occasions, the most recent representation was on 17.05.2021. However, on receiving no response, the instant writ petition has been filed.

4. Mrs. Dinari T. Azyu, learned counsel for the petitioners submitted that the Mizoram Forest Service Rules 1999 was amended by the Mizoram Forest Service (Amendment) Rules, 2014 and Gazetted on 20.10.2014. As per the Rules, the cadre strength in the senior grade of the service was enhanced from 10 to 11 posts in the rank of Deputy Conservator of Forest/Divisional Forest Officer and Principal, Forest Training School. The petitioners got promoted to senior grade during the years 2009 to 2015 respectively and have all therefore completed 8 (eight) years of continuous service in the State Forest Service being eligible for consideration by the Selection Committee to be inducted in the Indian Forest Service by way of promotion as directed under the provisions of Indian Forest Service (Appointment by Promotion) Regulation, 1966. The Selection Committee constituted for each of the joint cadre of service are mandated to sit every year for appropriate of select list of members of the State Forest Service from suitable persons for promotion to the Indian Forest Service.

5. The learned counsel submitted that the petitioners having completed their required criteria of 8 (eight) years of continuous service under the Mizoram Forest Service were entitled for consideration of the case for promotion by