As many as seven Jr. Manipur Civil Service ( Sr. Grade) officers are challenging the order dated 20.2.2010, issued by the department of Personnel and Administrative Reforms, Government of Manipur, promoting 14 officers from the same cadre to the post of Jr. MCS ( Selection Grade). Since the impugned notification is one and the same in all the aforesaid writ petitions, these are being disposed of by this common judgment. This judgment will also dispose of the connected Misc. application.

2. Heard Mr. HS Paonam, learned Sr. Adocate, Mr. A. Mohendro, Mr. H. Maipaksana and Mr. S. Gunabanta, learned Advocates for the petitioners and Mr. Th. Ibohal learned Sr. Govt. Advocate for the State, , Mr. I Lalitkumra, learned Sr. Advocate for the MPSC, Mr. H.Debendra, learned Govt. Advocate, Mr. N. Ibotombi, learned Sr. Advocate, Mr. A. Mommel, Mr. M. Roshini Piba and Mr. I. Rojendra, learned Advocates for the private respondents.

3. The impugned decision of the State respondents has been challenged basically on the ground that the previous DPC for selection of 44 Jr. MCS ( Sr. Grade) was held on 2.2.2008 and the merit list was drawn up wherein the writ petitioners stood senior to the private respondents. However, when the DPC for selection of 14 Officers to the rank of MCS Officers (Selection Grade) was held on 17.2.2010, the previous merit list, prepared on 2.2.2008, was superseded and Junior Officers were promoted, ignoring the petitioners’ seniority position. It has been alleged that the merit list was prepared on the basis of manipulated ACRs. The impugned promotion order has also been assailed on the ground that the DPC should have accepted the earlier merit position and in addition to that only the ACRs for the year 2007-08 could have been considered as an additional input. This submission was made on the premise that the ACRs up to 2006-07 were already considered by the previous DPC for Sr. Grade MCS Officers on 2.2.2008 and a merit list was prepared on that basis. Hence, the DPC for selection grade was not competent to review the gradings given to the Officers in the previous exercise.

4. During the course of hearing the learned Sr. Govt. Advocate also placed the relevant files as well as the ACRs of the concerned Officers.

5. The appointment and promotion of the Junior MCS Officers from Sr. Grade to Selection Grade in two different Grades is governed by “ The Junior Manipur Civil Services Rules, 2007”. Rule 27 has laid down the constitution of Selection Committees for promotion to the rank of Sr. Grade and Selection Grade, eligibility of the candidates and other aspects. Apparently, the Selection Committees for Sr. Grade and Selection Grade are different. The Selection Committee for Selection Grade does not involve MPSC, whereas, for the Selection Grade, the Committee includes Chairman or Member of the MPSC. Promotion from Sr. Grade to the Selection Grade is to be made by the Selection Committee on merit with regard to the seniority basis.

6. After 2009 amendment of the Rules qualifying service for promotion of Jr. Grade MCS Officers to the Selection Grade has been reduced to 4 (four) years from 6(six) years and similarly the qualifying service of 13 (thirteen) years for Selection Grade has been scaled sown to 10 ( ten) years.

7. Strangely, in the affidavit of the State respondents No. 1,2 and 3 it was not indicated as to when the vacancies of 14 posts of Selection Grade MCS Officers occurred. However, in the affidavit of the MPSC this aspect was made clear. In the same affidavit, it has been stated that the 14 posts of the Selection Grade fell vacant in the year 2007-08.

8. The promotions are made in accordance with the Rules read with Office Memorandum dated 29.4.1999. This O.M. has laid down the guidelines, inter-alia, as to how many Officers should be considered qua the number of vacancies, how many years ACRs should be considered, what should be the gradings for promotions etc. Under Clause 5.3.1, the Officers graded as “ Outstanding

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