LAWS(MANIP)-2019-2-14

OINAM DAYAPATI DEVI Vs. M.V.MURALIDARAN

Decided On February 26, 2019
Oinam Dayapati Devi Appellant
V/S
M.V.Muralidaran Respondents

JUDGEMENT

(1.) The petitioners have filed the present writ petition praying for issuing a Writ of Certiorari for quashing the inter-se seniority list dated 10.3.2014 and for mandamus directing the respondents to prepare final inter-se seniority list of Assistant Sub-Inspector (Female) according to seniority rules by putting the petitioners as en-bloc after the name of U.Ibemnungshi Devi.

(2.) The case of the petitioners is that they have been appointed as Assistant Sub-Inspector of Police (Female) (in short, "ASI") on 10.2.2010 through the Selection Board under direct recruitment quota of the vacancy prior to 2006-2007 vide notification/advertisement dated 27.11.2008 by following the recruitment rules in the Manipur Police Department. The private respondents are prom-otees and they have been promoted under the promotion quota of ASI (Female) from Head Constable (Female) on 29.9.2010 after completion of 5 years regular service to the grade after the recommendation of the Class-III DPC held on 27.8.2010. As such the petitioners are one year senior to the private respondents.

(3.) The second respondent issued a tentative draft seniority list of ASI (Female) as on 27.9.2013 inviting objections within 15 days from the date of receipt with a condition that further any omission/commission in the dram seniority list may also be intimated to theoffice on or before 27.10.2013. The private respondents whose promotion was issued on 29.9.2010 were placed above the petitioners without following the seniority rules. Being aggrieved, on18.10.2013, the petitioners have submitted objections to the concerned Superintendent of Police to place them above the promotees. However, on 10.3.2014, the second respondent notified the final seniority list placing the private respondents above the petitioners. Hence, the petitioners have filed the instant writ petition with the aforesaid prayer.