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
W.A. No.8 of 2001
D.D. 27.9.2001
Hon’ble Mr. Chief Justice R.S.Mongia &
Hon’ble Mr. Justice Ranjan Gogoi
Chairman, M.P.S.C. ... Petitioner
Vs.
Sh.P.C.Hmarthuama & 6 Ors. ... Respondents
Selection by Promotion:
Promotion to the post of Divisional Accountant Group-B post carrying pay scale of Rs.2000 –
3200/- from the cadre of Assistant Divisional Accountant – Two writ petitioners and respondents 5
and 6 were among the candidates considered for promotion – Respondents 5 and 6 were promoted
on the ground that their bench mark was ‘Very Good’ as against bench mark of petitioners ‘Good’ –
Petitioners challenged their supersession in W.P.No.123/2000 – Writ Petition was allowed holding
that promotion panel has to be prepared in the order of seniority in the feeder cadre irrespective of the
bench mark – The Commission challenged the said order in this writ appeal which is dismissed affirming
the decision in the writ petition.
Held:
Instruction 3.5(1) is a complete Code in itself governing officers of Groups ‘B’ and ‘C’ posts. The
authority issuing the instruction specifically did not allow any officer covered under 3.5(1) who might
have got the bench mark ‘Very Good’ to supersede officer of bench mark ‘Good’ for promotion to
the post under Groups ‘B’ or ‘C’.
Mongia, C.J:
Mizoram PSC
ORDER
Whether under the instruction issued by the Department of Personnel and Administrative Reforms
(General Service Wing), Government of Mizoram, can an office for promotion to the Group ‘B’ post
with a bench-mark ‘Good’? The aforesaid question calls for determination in this appeal which has
arisen in the following facts and circumstances of the case.
The two writ petitioners, namely, Shri Hmarthuama and Shri Vanlalnghaka, working as Assistant
Divisional Accountant in P & E Sub-Station Division, Bukpui, Serchhip, Mizoram and Chief Engineer,
PHE, Aizawl respectively were two of the candidates for consideration for promotion to the post of
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