LAWS(SC)-2024-8-69

MHABEMO OVUNG Vs. M. MOANUNGBA

Decided On August 28, 2024
Mhabemo Ovung Appellant
V/S
M. Moanungba Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The issue under consideration in the present appeals is regarding inter se seniority of the incumbents appointed to the post of Junior Engineer on direct recruitment basis and those whose posts of Sectional Officer, Grade-I, were upgraded to Junior Engineer.

(3.) Final seniority list of Junior Engineers was circulated on 26/3/2018 showing the seniority position of the incumbents manning the posts from two different sources. Aggrieved against the seniority list, Sectional Officers, Grade-I, who were redesignated/upgraded as Junior Engineers challenged the same by filing W.P.(C)No.264(K) of 2018 and W.P.(C) No.74(K) of 2019 filed by the respondent Nos.1 to 16 herein. The Learned Single Judge vide order dtd. 7/2/2020 dismissed both the writ petitions. Aggrieved against the judgment of the learned Single Judge in W.P.(C)No.74(K) of 2019, an intra-court appeal, W.A. No.4 of 2020 was filed. The Division Bench of the High Court set aside the judgment of the learned Single Judge. As a consequence, the impugned seniority list circulated on 26/3/2018 was set aside and the department concerned was directed to refix the seniority of the Junior Engineers in terms of the directions given in the judgment.