Contempt Petition closed following departmental communication denying regularization due to illegal initial appointment and insufficient service duration under Muster Roll scheme.
Contempt Petition stands closed.
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GAHC030001532023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/3/2023
N.Dawtlai
D/o N.Thacho, New Colony, Siaha Dist., Siaha, Mizoram
VERSUS
Sh R.Lalramnghaka, IAS and 2 Ors.
Secretary to the Govt. of Mizoram, Dept. of Personnel and Administrative Reforms, Aizawl, Mizoram
2:Sh Vanlalchhuanga IA and AS 3:Sh Lalhmunsanga Hnamte MC
Advocate for the Petitioner : Ricky Gurung
Advocate for the Respondent : Mr C Zoramchhana, Addl.A.G., Mizoram for R1-R3
ORDER
B E F O R E
HON’BLE MR. JUSTICE NELSON SAILO
04.08.2023
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Mr. Ricky Gurung, learned counsel appears for the petitioner and Mr. C Zoramchhana, learned Addl. Advocate General appears for the respondents.
Mr. C Zoramchhana has produced Communication dated 27.07.2023 addressed to the petitioner with a copy to the Under Secretary to the Govt. of Mizoram, General Administration Department whereby, the Communication dated 26.06.2023 written by the latter to the Deputy Commissioner, Siaha district is enclosed in the said letter. The sum and substance of the communication is that the petitioner was engaged as LDC, P&E in 2003 illegally without prior approval of the Administrative Department i.e., DP&AR and Finance Department and therefore, the initial appointment has to be counted from the date of approval of the meeting of Council of Ministers on 08.11.2019. Since she has rendered only 3 years and 7 months as on 20.06.2023, the petitioner is not yet eligible for regularization as per the Muster Roll Regular Scheme of 2000.
In view of the said communication, it appears that the representation of the petitioner has been disposed of and therefore, the Contempt Petition stands closed. It is needless to say that if the petitioner is still aggrieved with the decision taken by the Department concerned, she is at liberty to agitate the same as may be permissible in law.
The Communication dated 27.07.2023 along with its enclosure is kept on record and marked as ‘X’ for identification.
JUDGE
Comparing Assistant
N.Dawtlai
Sh R.Lalramnghaka
Sh Vanlalchhuanga
Sh Lalhmunsanga Hnamte
Nelson Sailo
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
