Yumnam Bhochao Singh vs State Of Manipur

 [1] Heard MR. N. Jotendro, learned senior counsel for the petitioners and MR. H. Samarjit, learned Government Advocate, who accepts notice on

behalf of the respondents Nos. 1 and 2.

[2] With the consent of both sides, the writ petition is taken up for disposal at the admission stage itself.

[3] This writ petition has been filed by the petitioners seeking to quash the final inter-se seniority list of the Assistant Engineers (Civil) published on

14.10.2020 and to direct the respondent authorities not to proceed with the impugned letter dated 2.11.2020 in connection with the promotion of the

Executive Engineers, Surveyor of works in the public Works Department, Manipur on regular basis.

[4] The case of the petitioners is that they were promoted to the post of Assistant Engineers on the recommendation of the Special Departmental

Promotion Committee and after regularizing the services, tentative seniority list for the post of Assistant Engineers (Civil) in PWD was published,

thereby calling objections on or before 30.6.2020. Accordingly, the petitioners submitted their objections on 20.7.2020 stating inter alia that in view of

the decisions of the Honorable Supreme Court as well as this Court that the diploma holder Engineers who acquired AMIE/BE degree while in service

are not entitled to count their seniority from the date of their entry in the grade, but from the date of acquisition of AMEI/BE degree for claiming

promotion under the degree quota.

[5] The further case of the petitioners is that the names of the private respondents are appeared along with qualifications in the tentative seniority list

of diploma/degree/AMIE Section Officer-Grade I (Civil Engineering) of PWD, as on 1.3.2015 and their names appeared at Serial NOS. 114, 119, 125,

128, 156, 207 and 208 respectively indicating the date of passing of their degree with the year of passing and as such if they choose to opt the seniority

of the degree holders, their seniority have to be counted from the date of passing of their respective degree. Despite considering the objections

submitted by the petitioners, the Chief Engineer, PWD, vide impugned letter dated 2.11.2020, requested to fill up the post of Executive Engineers/SWs

(Civil) without rectifying the inter-se seniority list published on 14.10.2020. According to the petitioners, if the said letter is acted upon, they will put to

irreparable loss.

[6] The learned senior counsel for the petitioners submitted that the seniority position of the private respondents have been erroneously counted by

counting from the date of their initial appointment and not from the date of passing their respective degree course and as such the objection dated

20.7.2020 filed by the petitioners needs to be re-examined so as to enable to count the seniority of the petitioners above the private respondents. He

would submit that the seniority position of the private respondents have to be counted with effect from the date of passing of their respective degree

examinations and not from the date of entry into service initially which is against the settled principles of law laid down by the Honorable Supreme

Court as well as by this Court.

[7] It is also the submission of the learned senior counsel that the competent authority while making publication of the final inter-se seniority list of the

Assistant Engineers in the Public Works Department, they failed to examine the previous seniority list of the diploma/degree/AMIE Section Officer

Grade I (Civil) and as such the present situation have been arisen due to the non-application of mind while publishing the final inter-se seniority list of

Assistant Engineers (Civil) published on 14.10.2020 and as such the same is liable to be quashed.

[8] Heard the submissions of the learned Government Advocate on the submissions made by the learned senior counsel for the petitioners.

[9] This Court considered the submissions made by the learned counsel appearing on either side and also perused the materials available on record.

[10] Since the petitioners are disputing the seniority position of the private respondents in the inter-se seniority list published on 14.10.2020 and the

letter dated 2.11.2020 which is in connection with the promotion of the Executive Engineers and stated that while preparing the inter-se seniority list,

the respondent authorities have not taken into account the law laid down by the Honorable Supreme Court as well as by this Court in number of cases

and also taking note of the arguments of the learned senior counsel for the petitioners that the representation/objection dated 20.7. 2020 of the

petitioners has not been considered properly, without going into merits and demerits of the matter, this Court is inclined to pass the following orders:

(i) The writ petition is disposed by directing the first respondent to consider the representation/objection of the petitioners dated 20.7.2020 and to pass

appropriate speaking order by affording sufficient opportunity to the petitioners.

(ii) The said exercise is directed to be completed within a period of two weeks from the date of receipt of a copy of this order.

(iii) Before passing any order on the petitioners’ representation/objection dated 20.7.2020, the respondent authorities are directed not to give any

promotion to the post of Executive Engineer Within a stipulated period of time.

(iv) No costs.

(v) Registry is directed to issue copy of this order to all the parties through whatsapp/e-mail.