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.73 of 2002
D.D. 9.12.2003
Hon’ble Mr. Justice S.K.Kar
Smt. Lily Vaikhuma ... Petitioner
Vs.
State of Mizoram & Ors. ... Respondents
Promotion:
The petitioner aggrieved by the promotion of her 2 juniors and seniority list of Under Secretaries to
the post of Deputy Secretary – The High Court allowed the writ petition and directed that the claim of
petitioner for promotion will be considered by the appropriate authority for the next available vacancy
of Deputy Secretary giving all consequential benefits excepting claim of back wages.
Held:
Mizoram PSC
On promotion from a junior grade to a higher or senior grade either from the date of promotion
order or from the date of joining, as the case may be, the person so promoted gets encadred in the
post to which she/he is promoted. His/her seniority, subject to rules framed or in force for the time
being will be determined according to the date of joining the new service.
OPERATIVE PORTION OF JUDGMENT & ORDER (CAV)
6. Coming to the facts of the present case, it is the admitted position that under the relevant rules
in force at the particular point of time the petitioner was lawfully promoted on 7.12.88 to Post of
Under Secretary (vide Annex.-4) and she continued in the said grade notwithstanding the fact that in
the seniority list of the Under Secretaries concerned prepared on 4.9.92, vide notification Memo
No.A 23021/2/80-APT(B), her name was not shown at the relevant place in between the Serial
No.18 & 19, i.e. below Pu K.Rochhinga and above Pu Laltlana J.Pachuau. But on consideration of
her repeated representations the mistake was corrected vide notification dated 11.8.98 vide Memo
No.A.23031/1/97-I AR(GSW) (Annx.-16), wherein she has been shown in Serial No.3 in between
Sl.No.2 Pu K.Rochinga and Sl.No.4 Pu Laltlana J.Pachuau. She is aggrieved by promotion of her
juniors Pu Laltlana J.Pachuau and two others effected vide notification No.A.22012/2/91-
P&AR(GSW) dated 28.8.2001 (Annx.-17). She made representation to vindicate her grievances
but ultimately the relief sought was refused by passing Inter Departmental note vide I.D.No.A 32028/
1/2001-PAR(GSW) dated 18 th March, 2002 and hence this writ petition seeking justice.
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