AMLANSTAR SUN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioners are graduate Electrical Engineers and were appointed as Assistant Engineers in the PHE Department under Regulation 3 (f) of the MPSC (Limitation of Functions) Regulation, 1972 on 10/1/2003. The grievance of the petitioners in the instant writ petition, is with the inter se seniority list wherein they have alleged that after a long period of 14 years the same has been unsettled.

(2.) The brief facts are that in 2006, the MPSC conducted a special interview for recruitment to the post of Assistant Engineer (Electrical) in the PHE Department and the petitioners were placed in order of merit at serial number 1 and 2 respectively, in the list of 6 successful candidates. In the years 2009, 2013, 2014 and 2016, the seniority list of officers serving in the PHE Department in the cadre of Assistant Engineers (Electrical/ SDO) was published and both the petitioners at serial number 1 and 2 were all along placed in a higher seniority position than the Respondents 3, 4 and 5.

(3.) In March 2018, a representation was submitted by the respondent No. 3, objecting to the seniority list dtd. 27/10/2017 citing Rule 20(4) of the Meghalaya PHE Service Rules 1996, which provides amongst others, that any cadre member of the service appointed by promotion, shall be senior to a member appointed by direct recruitment where such appointment, falls in the same year. In this case the petitioners on 8/6/2006, on the recommendation of the MPSC, their services as Assistant Engineers was regularized, however, the letter was silent as to from which date their services was formally regularized. The respondents No. 3, 4 and 5 on the other hand were appointed as Sub-Engineer Grade-I on 18/11/1991 and vide order dtd. 13/10/2006 were granted temporary/adhoc promotion to the post of Assistant Engineer (PHE) and thereafter, on the recommendation of the MPSC, the promotion of the respondent No. 3, 4 and 5 was regularized vide letter dtd. 29/10/2007. Thereafter, the respondent No. 1 and 2 after many years by Notification dtd. 23/5/2018 placed the respondents No. 3, 4 and 5 at a higher seniority position, which the petitioners allege has unsettled the settled seniority position without appreciating that the petitioners joined the post of Assistant Engineer (Electrical) initially on 14/1/2003, whereas the private respondents were promoted on 13/10/2006 as Assistant Engineers.