Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

IN THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA:
MIZORAM & ARUNACHAL PRADESH)
AIZAWL BENCH ::: AIZAWL
WRIT PETITION (C) No.39 of 1997
D.D. 24.05.2001
Hon’ble Mr. Justice B.B.Deb
Sh. C.Laltlankima ... Petitioner
Vs.
State of Mizoram & Ors. ... Respondents
Promotion:
Petitioner holding the post of Codifier with the pay scale of Rs. 1600 – 2660) which is a feeder
post and 4 th respondent holding the post of Research Investigator with the pay scale of Rs.1640 –
2900 which is also a feeder post for promotion to the post of Research Officer were considered and
the 4 th respondent was promoted as he was holding the post of carrying higher scale of pay in view of
Office Memorandum which is to the effect that among the persons in the feeder grades even the same
grading those in the higher scales of pay will rank senior to those in lower scale of pay – The contention
of the petitioner that he was holding the post more in length deserves to be allowed preferential
treatment was rejected and writ petition was dismissed.
Held:
Sitting in writ jurisdiction, the Court is concerned to examine the selection making process and not
the selection itself.
ORDER
This writ petition pertains to the impugned Notification dated 1.5.1997 by which the authority
promoted the private respondent No.4 to the post of Research Officer in the scale of pay of Rs.2375-
75-3500/- superseding the seniority of the petitioner and also pertains to relief sought for by the
petitioner directing the Govt. respondents to promote the petitioner to the higher post of Research
Officer or equivalent post w.e.f. 1.5.1997.
Mizoram PSC
2. The petitioner’s case, in short, is that the petitioner on being recommended by the D.P.C. was
appointed to the post of Codifier in the Institute of Music & Fine Arts, Mizoram in the pay scale of
Rs.425-700/- vide appointment letter No.A.19014/29/83-DTE(EDN)/20-A dated 28.10.1983 while
the private respondent No.4 was also appointed as recommended by the D.P.C. to the post of Research
Investigator in the office of the Senior Research Officer, Tribal Research Institute in the same scale of
pay vide appointment letter No.A19014/9/80-DTE (EDN)/30-A dated 25.2.1984. Both the petitioner
as well as the private respondent No.4 had been appointed under the Directorate of Education, Govt.
767