TEMBA SINGH Vs. HEMANTA KUMAR SINGH

JUDGEMENT

(1.) HEARD Mr. D. K. Misra, learned Sr. counsel assisted by Mr. H. Roy, learned counsel for the appellants and Mr. A. Nilamani, learned Sr. Counsel assisted by Mr. A. Bimal, learned counsel appearing for the private respondents/writ petitioners, hereinafter called as the private respondents. Also heard the learned Govt. counsel, Manipur, representing the official respondents.

(2.) THESE four writ appeals have been directed against the common judgment and order dated 11. 05. 01 passed by the learned Single Judge in a batch of writ petitions involving common questions of law pertaining to regularization of adhoc promotion of the private respondents being promoted during the period between 30. 10. 76 and 26. 07. 83, to the post of Assistant Engineer (Asstt. Engineer) and their inter se seniority with those of direct recruits Asstt. Engineers i. e. , the appellants.

(3.) THE Learned Single Judge by the impugned judgment quashed the final inter-se seniority list dated 31. 01. 2000 and directed the State Respondents to constitute a Monitoring Committee headed by the Chief Secretary with the Secretary/commissioner of Public Works Department and the Chief Engineer No. 1 P. W. D. as Members of the Committee for the purpose of preparing and publishing a fresh inter-se seniority list of the Asstt. Engineers showing the correct positions of the promotees as well as direct recruits of the Asstt. Engineers. In arriving at the above conclusion, the learned Judge held that the period of service rendered by the private respondents from respective date of their appointment on adhoc basis till regularisation, were to be treated as regular service for the purpose of seniority barring those who encroached upon the quota meant for direct recruits.