MINGMA SHERPA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE petitioners are working as Assistant Engineers under respondent No. 3, Department of Energy and Power, Government of Sikkim. THEy are challenging the promotion of respondents No. 6 to 18 to the post of Divisional Engineer in the same Department, on officiating capacity, by Office Order dated 23.06.2010 based on the seniority fixed by proceedings dated 02.02.2007 of the respondent No. 2, Department of Personnel, Administrative Reforms and Training, Government of Sikkim.

(2.) CONCEDEDLY the said seniority list dated 02.02.2007 of the respondent No. 2, was challenged before this Court in W.P.(C) No. 40 of 2009 by similarly placed petitioners; and this Court by Order dated 16.06.2010 dismissed the said writ petition upholding the seniority list dated 02.02.2007 placing reliance on the power of the Government under Rule 7 (1) (a) of Sikkim State Engineering (Civil, Electrical and Mechanical) Services Rules, 1989, (for short, `the Service Rules'), which provides the power of relaxation to the Government. The relevant portion of the said Order dated 16.06.2010 reads as hereunder: -

(3.) IN that view of the matter, I am of the considered opinion that the judicial discipline requires to permit the petitioners to move the Apex Court and raise all the submissions including that are raised here in and also to challenge the reasons that weighed by the learned Judge in the Order dated 16.06.2010, if they are so pleased. Therefore, suffice it to, without expressing any opinion on the rival contention of the parties to dispose of the present writ petition, giving liberty to the petitioners as well as the contesting respondents to agitate their respective claims before the Apex Court either impleading themselves in the said SLP No. 26597/2010 or work out their remedy in the manner known to law. The writ petition is disposed of accordingly. However, no costs.