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.76 of 2001
D.D. 27.9.2004
Hon’ble Mr. Justice Amitava Roy
Shri Sujit Chandra Das ... Petitioner
Vs.
The State of Mizoram & Ors. ... Respondents
Selection by promotion:
Mizoram PSC
Petitioner was working as Assistant Soil Conservation Officer among others including the 4 th
respondent were considered by the Commission for promotion to the post of Divisional Soil Conservation
Officer as per guidelines contained in Office Memorandum dated 3.9.1998 as per which ‘Very
Good’ is prescribed as bench mark for promotion to the post carrying pay scale of Rs.3700 – 5000
– As the petitioner securing grading of ‘Good’ only as against the grading ‘Very Good’ secured by the
selected candidates – The Court in view of the fact that in the last selection promotion assessment of
the petitioner as ‘Good’ has remained unassailed and dismissed the writ petition.
ORDER
The petitioner has questioned the legality of the proceedings of the Mizoram Public Service
Commission (hereinafter referred to as the Commission) resulting in what he perceives to be an arbitrary
denial of his right to be considered for promotion to the post of Divisional Soil Conservation Officer in
the department of Soil and Water Conservation, Government of Mizoram. Consequently, the promotion
of the respondent No.4, on the basis there of has also been impugned.
2. I have heard Mr.George Raju, learned Counsel for the petitioner, Mr. Sailo, learned State
Counsel for the State respondents and Mr. KV Tlangmawia for the Mizoram Public Service Commission.
3. As the primary facts relatable to the controversy are not in dispute it is unnecessary to deal
with the factual details. The petitioner, serving as Assistant Soil Conservation Officer in the
aforementioned department was eligible to be considered for promotion to the post of Divisional Soil
Conservation Officer, in terms of the Mizorm Soil and Water Conservation Department (Group ‘A’
posts) Recruitment Rules, 1992 (hereafter referred to as the rules). The post is a selection post. The
petitioner was admittedly within the zone of consideration by virtue of his seniority and in the selection
held on 13.8.01, he along with one Mr. MK Debnath and Mr. BB Nandi were considered by the
Commission for promotion to the above mentioned post. Whereas Mr. Debnath is senior to the
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