T.Lalzirliana and 185 Ors v. Smt Fc Chhunpari and 109 Ors

ORDER B E F O R E HONOURABLE MR. JUSTICE NELSON SAILO HONOURABLE MRS. MARLI VANKUNG Page No.# 20/22

19.07.2023 (Nelson Sailo, J) This Writ Appeal is directed against the Order dated 09.06.2023 passed by the learned Single Judge in WP(C) No. 108/2021 whereby, the learned Single Judge has held that since the Mizoram Health & Family Welfare Department (Group-C Post) Recruitment Rules, 2011 (Rules of 2011) do not make any classification of Health Workers into male and female Health Workers and do not provide that a separate seniority list is to be maintained in respect of Health Worker (Female) and Health Worker (Male) and therefore, there cannot be a separate seniority list and thus directed preparation of a common seniority list for the Health Workers. [2.] We have heard Mr. F Lalengliana learned counsel for the appellants and Mrs. H. Lalmalsawmi learned Government Advocate appearing for the State respondents. Having regard to the issue involved, the appeal is taken up for disposal at this stage. [3.] Mr. F Lalengliana, learned counsel submits that the instant appellants were arrayed as respondent Nos. 7 to 193 in the writ petition and it was their contention that the post of Health Worker (Female) and Health Worker (Male) were created separately and therefore, separate seniority list was being maintained for Health Worker (Female) and Health Worker (Male). He further submits that the State Government had also formed a study team to look into the matter. The study team upon examining the issue was in favour of maintaining a separate seniority list for Health Worker (Female) and Health Worker (Male). Therefore, the amendment of the Rules of 2011 was contemplated. It was for this reason that the appellants who had filed WP(C) No. 46/2022 challenging the Rules of 2011 did not press the writ petition and the same was accordingly disposed of. However, the State respondents have not amended the Rules of 2011 as contemplated and in the meantime, the challenge made by the private respondents herein to have a common seniority list was accepted Page No.# 21/22 by the learned Single Judge vide the impugned Order 09.06.2023 which is being challenged in the instant writ appeal. The learned counsel submits that Health Worker (Female) are more in numbers than the Health Worker (Male) and therefore if a common seniority list is made, most of the Health Worker (Male) will not have the opportunity to be promoted to the next higher post of Health Supervisor. He, therefore, submits that the impugned order may be set aside. [4.] We have considered the submission made by the learned counsel for the appellants and also the learned Government Advocate and that we have also perused the materials available on record including the impugned order dated 09.06.2023. [5.] The learned Single Judge was of the view that since the Rules of 2011 did not provide for maintaining a separate seniority list for Health Worker (Female) and Health Worker (Male) and that even if the post of Health Worker (Female) and Health Worker (Male) were separately sanctioned, the same will not stand in the way for having a common seniority list in absence of any classification in the Rules of 2011. Although the State respondents may have taken a plea that the Rules of 2011 was going to be amended by providing a provision for common seniority list to be prepared amongst the Health Worker (Female) and Health Worker (Male) but such amendment has not materialized. Therefore, in the absence of any such amendment and at the same time, having regard provisions of Rule of 2011, we see no reason to interfere with the order of the learned Single Judge. [6.] In view of above, the writ appeal is dismissed. JUDGE Page No.# 22/22 Comparing Assistant

Page No.# 1/22 GAHC030003582023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/4/2023 T.Lalzirliana and 185 Ors. S/o T.Ropianga (L), Samtlang, Mizoram 2: Walter Biakvela 3: Lalrinliana 4: F.Vanlalruata 5: Lalhriatpuia 6: Vanhmingthanga 7: R.Lalchungnunga 8: Christopher Lalrinsanga 9: ZD Dengsailova 10: Albert Lalruatkima 11: Lalhmingsanga 12: H.Lalmuanawma Page No.# 2/22 13: C.Laldinliana 14: R.Lalmuankima 15: Dominic C.Zothanpuia 16: Lalngaihzuala 17: C.Lalrinthanga 18: Lalhuma Ralte 19: Lalrinngama 20: Stephen Lalropuia 21: H.Lalrokima 22: Regan Lalhruaitluanga 23: Lalremsanga 24: R.Vanlalnghaka 25: Malsawmtluanga 26: Hunlawmawma Ralte 27: Ngursangzuala 28: Saihmingliana Sailo Page No.# 3/22 29: C.Lalthianghlima 30: Hmingthantluanga 31: C.Hmangaihchangliana 32: Sanglianthanga 33: B.Vanlalhmangaiha 34: J.Vanlalthanga 35: F.Malsawmtluanga 36: K.Lalfakawma 37: Saihmingliana Sailo 38: C.Lallawmzuala 39: Lalrinsanga Lushai 40: K.Khawlvuana 41: H.Bawihrosiama 42: Lalchhuanawma 43: Vanlalthasanga 44: Lalrinenga Page No.# 4/22 45: KC Manliana 46: P.Lalpianmawia 47: PC Lalhlimpuia 48: RH Hmunliana 49: Lalduhawma 50: Lalduhsanga 51: Vanlalhruaia 52: Lalrosanga 53: R.Lalramzauva 54: T.Lalrammawia 55: R.Vanlalchhanhima 56: K.Lalliantluanga 57: C.Lalrosanga 58: Lalthanmawia 59: Sairengpuia Sailo 60: Samuel Hmar Page No.# 5/22 61: Thangkhanluna 62: Lalmalsawma Chhangte 63: Samuel R.Lalkohbika 64: H.Lalnunthara 65: R.Lalbiakkima 66: MC Laltlanliana 67: F.Vanlalfela 68: Lalhluzuala 69: Jeno Vanlalruata 70: Albert Lalremkima 71: Lalthanmawia 72: Peter Lallawmkima 73: R.Buangthanga 74: R.Lalthanliana 75: Vanlaldika Sailo 76: T.Lalbiakthuama Page No.# 6/22 77: John Lalngaihawma 78: Vanlalramchhana 79: PC Lalfakawma 80: K.Kapkunga 81: T.Lalmuanpuia 82: Lalramzauva 83: H.Rosangliana 84: Samson Lalchhuanawma 85: Daniel Vanlalrema 86: R.Zothantluanga 87: MS Zorema 88: Hmingduhawma 89: Lalrinchhana 90: A.Laltanpuia 91: Lalrintluanga 92: Lalramthara Page No.# 7/22 93: C.Lallawmkima 94: Lalrindika 95: Lalramthanga Chawngthu 96: Zairemkima 97: Rotluangliana 98: Lalhlimpuia 99: R.Vanlalmuana 100: Lalrinchhana 101: PC Rosangzuala 102: Enoch B.Vanlalvena 103: K.Lalhmingsanga 104: Lalhruaitluanga 105: Robert Lalnunmawia 106: R.Lalrohlupuia 107: Lalremtluanga 108: Lalngaihdama Page No.# 8/22 109: Lallawmkima Fanai 110: Lalhmachhuana Pachuau 111: RK Malsawmkima 112: F.Vanlalhruaia 113: F.Lalhmangaiha 114: F.Ramengmawia 115: P.Lalthanzuala 116: H.Lianhmingthanga 117: C.Jacob 118: Chawngthansiama 119: Samuel Vanlalruata 120: R.Rosangzuala 121: Lalruatkima 122: Lalzamlova 123: K.Lallawmzuala 124: S.Lalramzauva Page No.# 9/22 125: Zorempuia 126: Chanchinmawia Fanai 127: Vanlalhruaia 128: Joseph Lalnunmawia 129: Eddie Lalhruaitluanga 130: C.Laldawngliana 131: HC Lalruatzuala 132: S.Lalrinliana 133: LH Lalzawmliana 134: S.Lalnithanga 135: F.Lalthanzuala 136: MC Vanlalmuanpuia 137: Ronghaka 138: C.Lalngaizuala 139: F.Lalremtluanga 140: Saithangpuia Sailo Page No.# 10/22 141: K.Vabeihlo 142: Khaibei V.Zawtha 143: Atluapi T.Azyu 144: K.Mawsia 145: Beithlalo Hlychho 146: K.Ngohra 147: Calvin Vanlalsawmliana 148: B.Thangpuia 149: Gospel Zarzoliana 150: Lalthawmliana 151: RC Laldailova 152: H.Biakhnuna 153: Lalrampara 154: Samuel Lalthanpuia 155: Ngursangzuala 156: J.Lianmawia Page No.# 11/22 157: V.Lalrintluanga 158: Zonunmawia Ralte 159: Lalnunmawia 160: C.Vanlalsawma 161: R.Zoremsanga 162: Lalramliana 163: Zothantluanga 164: K.Rothangpuia 165: T.Daniela 166: VP Zathang 167: Zodinliana 168: B.Krishna Chandra Chakma 169: Dinesh Chakma 170: Sanghmingliana 171: C.Lalramchhana 172: Vanlalhlua Page No.# 12/22 173: Malsawmtluanga 174: Lalthakima 175: Lalzarzova 176: Lalbiakfela 177: PC Liannghawra 178: John Lalpianmawia 179: Lalhruaitluanga Hrahsel 180: H.Lalhmachhuana 181: Solomon Vanlallawmzuala 182: K.Vanlalhuma 183: VL Rambuatsaiha 184: K.Zosangpuia 185: Samuel Pachua VERSUS Smt FC Chhunpari and 109 Ors. D/o Hrangzal