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J. K. MAHESHWARI, RAJESH BINDAL
Mhabemo Ovung – Appellant
Versus
M. Moanungba – Respondent
JUDGMENT :
Rajesh Bindal, J.
1. Leave granted.
2. The issue under consideration in the present appeals is regarding inter se seniority of the incumbents appointed to the post of Junior Engineer on direct recruitment basis and those whose posts of Sectional Officer, Grade-I, were upgraded to Junior Engineer.
3. Final seniority list of Junior Engineers was circulated on 26.03.2018 showing the seniority position of the incumbents manning the posts from two different sources. Aggrieved against the seniority list, Sectional Officers, Grade-I, who were redesignated/upgraded as Junior Engineers challenged the same by filing W.P.(C)No.264(K) of 2018 and W.P.(C) No.74(K) of 2019 filed by the respondent Nos.1 to 16 herein. The Learned Single Judge vide order dated 07.02.2020 dismissed both the writ petitions. Aggrieved against the judgment of the learned Single Judge in W.P.(C)No.74(K) of 2019, an intra-court appeal, W.A. No.4 of 2020 was filed. The Division Bench of the High Court set aside the judgment of the learned Single Judge. As a consequence, the impugned seniority list circulated on 26.03.2018 was set aside and the department concerned was directed to refix the seniority of the Junior E
Inter se seniority of Junior Engineers – Direct recruits versus upgraded – All what is required to be considered is date on which they became members of cadre of Junior Engineers coming from two diff....
Point of Law : Seniority position in a cadre should not be disturbed after a long period of time and should be allowed to be settled after a reasonable period of time. It is not necessary to refer to....
Seniority - Incumbents from different streams with different quotas cannot challenge grant of seniority from back date to each other.
Service matter - Seniority - The seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service....
The main legal point established in the judgment is that the reservation system between Graduate and Diploma Engineers, as provided by Rule 22(5)(a) of the Mizoram Engineering Service (Amendment) Rul....
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