BENEDICT KHARMALKI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) In this batch of writ petitions, the fixation of seniority of officers in Grade-II of the Meghalaya Soil Conservation Service has been challenged by the petitioners.

(2.) The facts in Civil Rule No. 43 (SH)/97 briefly are that the petitioner, namely, Sri Benedict Kharmalki, was initially appointed under Regulation 3(f) of the Meghalaya Public Service Commission (Limitation of Functions) Regulations, 1972, as Assistant Agriculture Engineer (Irrigation) by notification dated 21.7.1983. Pursuant to the said appointment, the petitioner joined on 22.7.83 and his aforesaid appointment as Assistant Agriculture Engineer (Irrigation) was regularised on the recommendation of the Meghalaya Public Service Commission, (for short, "the MPSC") by notification dated 2.5.85. Thereafter, the petitioner was appointed under Regulation 3(f) of the Meghalaya Public Service Commission (Limitation of Functions) Regulations, 1972, as Assistant Soil Conservation Officer (Civil Engineering), Watershed Management, Soil Conservation Directorate, by notification dated 26.6.86 and the petitioner was asked to apply to the MPSC as soon as the post was advertised by them for regularisation of his appointment. Pursuant to the said appointment he joined as Assistant Soil Conservation Officer (Civil Engg.) on 3.7.86 and he applied to the MPSC for his regularisation in the said post. The MPSC called nine (9) candidates for interview on 23.6.87, but only four (4) candidates appeared and out of the four (4) candidates, the MPSC found only the petitioner suitable for the post of Assistant Soil Conservation Officer (Civil Engg.) and in its letter dated 3.7.87 recommended his name for appointment and pursuant to the said recommendation, the petitioner was regularised in the post of Assistant Soil Conservation Officer (Civil Engg.) with effect from 3.7.87. By another letter dated 3.7.87, the MPSC recommended Sri Daniel Syiem, respondent Nos. 4, 5, 6 and 7 in Civil Rule 43(SH) 97 and the petitioners in Civil Rule Nos. 92(SH) 97, 93(SH) 97, 94(SH) 97, 99(SH) 97, 100(SH) 97, 101(SH) 97 and 102(SH) 97 for appointment in order of merit to the posts of Assistant Soil Conservation Officer (General) and all the aforesaid persons were regularised in their respective appointments as Assistant Soil Conservation Officer (General) with effect from 3.7.87 on the basis of the said recommendation. By representation dated 12.2.90 to the Secretary to the Government of Meghalaya, Soil Conservation Department, the petitioner requested for creation of separate cadre for Soil Conservation Engineering Wing and Mechanical Wing as he had been selected and recommended by the MPSC for appointment as Assistant Soil Conservation Officer (Civil Engg.). But by letter dated 22.2.90, the Director of Soil Conservation, Meghalaya intimated the petitioner that he should first consult the matter with his Controlling Officer before writing to the higher authorities. Thereafter, a gradation list of gazetted officers under the Soil Conservation Deptt. as on 1.1.91 was circulated by letter dated 12.9.91 of the Deputy Secretary to the Government of Meghalaya. Soil Conservation Department and in the said gradation list, amongst the Grade-II Officers, the petitioner, Sri Benedict Kharmalki in Civil Rule No. 43(SH) 97 was shown in serial No. 23 below the respondents Nos. 4, 5, 6 and 7 in the said Civil Rule No. 43(SH) 97 as well as below the writ petitioners in Civil Rule Nos. 92(SH), 93(SH), 94(SH), 99(SH), 100(SH), 101(SH) and 102(SH) of 1997. Aggrieved, the petitioner moved this Court in Civil Rule No. 4339/91 and by order dated 10.10.91. a Division Bench of this Court disposed of the said writ petition with the observation that the petitioner would make a representation/objection to the authorities concerned against the tentative gradation list on or before 21.10.91 and the competent authority would duly consider the said representation/objection of the petitioner. The petitioner then submitted a representation dated 15.10.91 against the aforesaid gradation list, but the said representation was rejected by a communication dated 2.1.92 of the Deputy Secretary to the Government of Meghalaya, Soil Conservation Department. Thereafter, a gradation list of Gazetted Officers under the Soil Conservation Department as on 1.1.94 was circulated by the Deputy Secretary to the Government of Meghalaya, Soil Conservation Department and in the said gradation list, the petitioner in Civil Rule No. 43(SH) 97, Sri Benedict Kharmalki was shown in the 13th position below the respondent Nos. 4, 5, 6 and 7 in Civil Rule No. 43(SH) 97 and the petitioners in Civil Rule Nos. 92(SH), 93(SH), 94(SH), 99(SH), 100(SH), 101(SH) and 102(SH) of 1997 as Assistant Soil Conservation Officer in Grade-II of the service. The said petitioner in Civil Rule No. 43(SH)97 again filed a representation against the said gradation list of Officers in the Soil Conservation Department, Government of Meghalaya, as on 1.1.94. Thereafter, a gradation list of Officers of Meghalaya Soil Conservation service as on 1.1.96 was published by notification dated 20.2.97 and in the said gradation list, amongst the Grade-II Officers, the petitioner in Civil Rule No. 43(SH) 97, Sri Benedict Kharmalki was placed below the respondent Nos. 4, 5, 6 and 7 in Civil Rule No. 43(SH) 97, but above the petitioners in Civil Rule Nos. 92(SH), 93(SH), 94(SH), 99(SH), 100(SH), 101(SH) and 102(SH) of 97.

(3.) All the petitioners in the present batch of writ petitions are aggrieved by the said fixation of seniority amongst the Grade-II Officers of the Meghalaya Soil Conservation Service ;as on 1.1.96 by the said notification dated 2(0.2.97. The petitioners in Civil Rule Nos. 92(SH), 93(SH), 94(SH), 99(SH), 100(SH), 101(SH) and 102(SH) of 97 have prayed for quashing the gradation list notified by notification dated 20.2.97 and for directing the State-respondents to decide the inter-se-seniority of the Officers in Grade-II afresh as per the Rules and as per the gradation lists earlier published. The petitioner in Civil Rule No. 43(SH) 97 has prayed for quashing the gradation lists of 1991, 1994 and 1997 and for direction on the respondents to place him above all other junior officers as per merit taking into consideration his special qualification, namely, B. Tech (Agri. Engineering) and as per the age of the petitioner and the result of the MPSC Examination. He has also prayed for a declaration that he is entitled to work in the special field of Engineering and for a direction on the respondents to create a separate cadre for the Engineering personnel in the Soil Conservation Department. He has further prayed for declaration of Rules 4 and 5 of the Meghalaya Soil Conservation Service Rules, 1990, (for short, "the Rules, 1990), as ultra-vires.