HAROLDSON DYMPEP Vs. CHAIRMAN M S E B

JUDGEMENT

(1.) These two cases involves same and similar question of facts and laws and accordingly these were heard together and these two cases are finally disposed of with the following common judgment and order.

(2.) In both the cases the petitioners made a prayer for a direction to the respondents No. 1,2 and 3 to promote them to the post of Assistant Accounts Officer with retrospective effect i.e. on and from 9.10.98 on which date their junior officers/private respondents have been given promotion to the post of Assistant Accounts Officer and for placing them as seniors to the private respondents in the said category of service as Assistant Accounts Officers,

(3.) In W.P.(C) No. 67(SH)/99, the writ petitioner 1 in number sought for quashing of the recommendation of the DPC concerned as well as the impugned appointment order dated 9,10.98 by contending inter alia, that petitioner Shri Haroldson Dympep, initially joined his service in Meghalaya State Electricity Board hereinafter referred to as MeSEB, as Assistant Divisional Accountant on 1.6.79 and promoted to the post of Junior Divisional Accountant on 13.11.82 and thereafter he was given promotion to the post of Divisional Accounts Officer/Divisional Accountant after successfully qualifying in the examination held for the purpose and that is the post he is presently holding, and in the related! inter se seniority list of the Divisional Accounts Officer/Divisional Accountant circulated by the MeSEB authority, his name appears at serial No. 4 and, as the person at serial No. 1 has already retired, he is No. 3 in the related seniority list, but, the: private respondents as they are juniors to him their names appeared after the petitioner. Likewise, the petitioners 19 in numbers in W.P.(C) 170(SH)/99 as their names appear at serial No. 6,8,10,11,12, 14, 21, 22, 24, 25, 26., 28, 29, 33,34,35,36,37 and 39 in the related seniority list, some of them are senior to the private respondents No. 4 to 18 whose names appear at serial No. 9,23,31,19,20.39,17', 14,13, 27,30,5 and 7 in the inter se seniority list and the particulars of it finds its place at Amnexure- 1 - document appended to the writ petition. It is also the case of the petitioners that the post of Assistant Accounts Officer is a promotional post from the feeder post of Divisional Accounts Officer/Divisional Accountant as per related rules and procedures followed by the MeSEB. The said posts of Assistant Accounts Officer was to be filled up on the basis of seniority cum merit from amongst the illegible Divisional Accounts Officers/ Divisipnal Accountants prior to 14.18.97 on which date the new regulation namely the Meghalaya State Electricity Board Service Regulations, 1996, herein after referred to as Regulation, 1996 was published. But the respondents No. 1, 2, and 3 have filled up these 15 vacant posts of Assistant Accounts Officer in terms of the Regulation, 1996, which was inoperative at the relevant time of the holding of the related DPC or, in other words, selection process for such appointments.