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2022 Supreme(Megh) 304

H. S. THANGKHIEW
Amlanstar Sun – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Dr. N. Mozika, Sr. Adv. with Ms. L. Jana, Advocate, for the Petitioner; Mr. B. Bhattacharjee, AAG with Ms. R. Colney, GA, for the Respondent Nos. 1 & 2; Mr. A.S. Siddiqui, Sr. Adv. with Mr. A.G. Momin, Ms. M.K. Sah, Advocates, for the Respondent Nos. 3-5

JUDGMENT

1. The petitioners are graduate Electrical Engineers and were appointed as Assistant Engineers in the PHE Department under Regulation 3 (f) of the MPSC (Limitation of Functions) Regulation, 1972 on 10.01.2003. The grievance of the petitioners in the instant writ petition, is with the inter se seniority list wherein they have alleged that after a long period of 14 years the same has been unsettled.

2. The brief facts are that in 2006, the MPSC conducted a special interview for recruitment to the post of Assistant Engineer (Electrical) in the PHE Department and the petitioners were placed in order of merit at serial number 1 and 2 respectively, in the list of 6 successful candidates. In the years 2009, 2013, 2014 and 2016, the seniority list of officers serving in the PHE Department in the cadre of Assistant Engineers (Electrical/ SDO) was published and both the petitioners at serial number 1 and 2 were all along placed in a higher seniority position than the Respondents 3, 4 and 5.

3. In March 2018, a representation was submitted by the respondent No. 3, objecting to the seniority list dated 27.10.2017 citing Rule 20(4) of the Meghalaya PHE Service Rules 1996, which provides a

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