Sh. T. Lalzirliana and 186 Ors v. State of Mizoram and 3 Ors

ORDER

17.05.2023

Heard Mr. F. Lalengliana, learned counsel for the petitioners and Mrs. H. Lalmalsawmi, learned Government Advocate appearing for the State respondents.

¶2By filing this writ petition, the petitioners have sought for a direction to the State respondents to make appropriate amendment at Column No. 1 and 2 of Annexure 1 of the Mizoram Health and Family Welfare Department (Group 'C' post) Recruitment Rules, 2011 (Rules of 2011). According to the petitioners, as per the post Page No.# 3/4 creation orders starting from 22.03.1983, separate posts were created for Health Worker (Female) and Health Worker (Male). Similarly, separate posts were also created for Health Supervisor (Male) and Health Supervisor (Female). However, as per Rules of 2011, no distinction has been made between Male and Female Health Worker and therefore, the same has created an issue amongst the Male and Female Health Workers when it comes to their further promotion to the next higher post of Health Supervisor. Therefore, the petitioners seek for a direction to the State respondents for making appropriate amendment to the Rules of 2011.

¶3Against the writ petition, the State respondents have filed an affidavit-in-opposition on 14.10.2022, wherein it is stated that the Draft Recruitment Rules prepared by the Service Association was forwarded by the Director of Health Services, Government of Mizoram, Aizawl to the Under Secretary to the Government of Mizoram, Health & Family Welfare Department, vide Communication dated 07.06.2022 alongwith a self contained note and justification on the proposed amendment of the Rules concerned. As per the Draft Recruitment Rules, out of the total 787 posts of Health Worker both Male and Female, 382 posts are shown as Male post and 405 post as Female post. The learned Government Advocate submits that in view of the pendency of the writ petition, the State Government is not in a position to consider the proposal and take a final decision.

¶4To this submission, Mr. F. Lalengliana, learned counsel for the petitioners submits that since the proposal forwarded to the State Government is in the interest Page No.# 4/4 of the petitioners, who are Health Worker (Male), he would not like to press the matter and that the matter be left for the Government to decide in terms of the proposed amendment.

¶5In view of above, the writ petition stands disposed of as not pressed.

JUDGE JUDGE Comparing Assistant

Page No.# 1/4 GAHC030001692022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/46/2022 Sh. T. Lalzirliana and 186 Ors. Samtlang VERSUS State of Mizoram and 3 Ors. Aizawl2:Secretary Govt. of Mizoram Health and Family Welfare Deptt. 3:Secretary Govt. of Mizoram DP and AR Aizawl 4:Director of Health Services Deptt. Govt. of Mizora Advocate for the Petitioner : Mr F Lalengliana Advocate for the Respondent : Mrs. H Lalmalsawmi (GA, Mizoram) for R1-R4 Linked Case : I.A.(Civil)/94/2022 T. Lalzirliana and 186 Ors. Samtlang Aizawl District Mizoram Page No.# 2/4 VERSUS State of Mizoram and 4 Ors. Aizawl Mizoram Advocate for the Petitioner : Mr F Lalengliana Advocate for the Respondent : B E F O R E HON'BLE MR. JUSTICE NELSON SAILO HON'BLE MRS. JUSTICE MARLI VANKUNG