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2022 Supreme(Manipur) 177
IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Bidyarani Ayekpam & Ors. - Appellants
Versus
State Of Manipur & Ors. - Respondents
WP (C) Nos. 861 & 867 of 2019
Decided On : 19-01-2022
Mr. Kh. Tarunkumar, Advocate in both WP(C) No. 861 of 2019 and WP(C) No. 867 of 2019, for the Petitioners; Mr. Lenin Hijam, Addl. AG, for the Respondent No. 1 in both WP(C) No. 861 of 2019 and WP(C) No. 867 of 2019; Mr. RS Reisang, Sr. Advocate, for the Respondent No. 2 MPSC in both WP(C) No. 861 of 2019 and WP(C) No. 867 of 2019; Mr. HS Paonam, Sr. Advocate, for the Respondent Nos. 3 to 22 and 3 to 18 in WP(C) No. 861 of 2019 and WP(C) No. 867 of 2019
Headnote:(A) Manipur Civil Service Rules, 1965 - Rule 16 - Promotion of MCS officers - Petitioners challenge the retrospective promotion of private respondents to MCS Grade-II and MCS Grade-I - Court found the promotions valid as they complied with earlier judgments and amending laws - The promotion order dated 31.08.2016 was found not in violation of law due to prior directives - The settled seniority of respondents cannot be reopened at this belated stage. (Paras 27, 35, 52)
(B) Service Jurisprudence - Seniority once settled is vital for employees and must not be unsettled without substantial grounds - The absence of challenge or appeal against prior orders indicates concession to the settled seniority and barring of claims due to delay and laches. (Paras 32, 51)
Facts of the case:
Petitioners challenged the legality of the promotion orders and seniority lists issued, asserting their entitlement to earlier seniority from 2010 not considered by the State. The private respondents were promoted based on procedural compliance following orders from earlier court decisions.
Findings of Court:
The court confirmed the promotions were made per law, following previous judicial guidance, and acknowledged the settled seniority between the petitioners and private respondents.
Issues: The central issues revolved around the validity of the respondents' promotions, rights to seniority determination, and challenges based on procedural adherence to the rules.
Ratio Decidendi: The court reinforced that promotions adhered to prescribed rules and earlier court directives and emphasized the sanctity of settled seniority rights under service law principles.
Result: Writ petitions dismissed; interim orders vacated.
| Table of Content |
|---|
| 1. challenge to promotional orders and seniority. (Para 1 , 2 , 5 , 7 , 25) |
| 2. details of promotion process and interim orders. (Para 3 , 4 , 8 , 9 , 18) |
| 3. court's review and acceptance of previous decisions. (Para 10 , 21 , 26 , 36) |
| 4. arguments regarding procedural lapses in appointments. (Para 12 , 13 , 14 , 48) |
| 5. res judicata and previous court decisions. (Para 15 , 17 , 19 , 20) |
| 6. final decision on the stability of seniority. (Para 22 , 33 , 50) |
| 7. conclusive ruling and dismissal of petitions. (Para 52 , 53 , 54) |
JUDGMENT
1. W.P.No.(C) 861 of 2019 has been filed by the petitioners to quash the impugned order dated 31.8.2016 promoting/absorbing the private respondents 3 to 22 to the post of MCS Grade-II retrospectively with effect from 17.2.2010 and to quash the final seniority list of MCS officers dated 21.9.2016 and 27.11.2017 in respect of the private respondents and to direct the first respondent to re-fix the inter-se seniority of the petitioners and the private respondents strictly in terms of the relevant rules and the guidelines issued by the Government of Manipur in this regard.
2. W.P.(C) No.867 of 2019 has been filed by the petitioners to quash the impugned order dated 23.9.2016, whereby promoting the private respondents 3 to 18 to the post of MCS Grade-I.
3. Since the issue involved in these petitions is one and the same and the petitioners and some of the private respondents are similar, both the writ petitions were heard together and disposed of by this common order.
4. Briefly stated case of the petitioners in W.P.No.861 of 2019 is as follows:
The petitioners were initially appointed as MCS Grade- II on 15.12.2012 and 03.01.2017 respectively and after rendering more than five years of regular service as MCS Grade-II, they were promoted to the post of MCS Grade-I with effect from 22.12.2017 and 14.2.2018 respectively vide orders dated 22.12.2017, 14.2.2018 and 29.5.2019 issued by the Under Secretary (DP), Government of Manipur.
4.1. The private respondents were initially appointed as SDC in the Revenue Department in the year 1997 and 1999 and later on, with the enactment of Jr. MCS Rules, 2007 and in exercise of powers conferred under Rule 16 of the said Rules, they were appointed as Junior Manipur Civil Service with effect from the date of their initial appointment by an order dated 16.11.2007. Subsequently, the private respondents were promoted as Junior MCS (Sr. Grade) vide order dated 23.2.2008 with effect from the date noted against their names.
4.2. The next promotional post of Junior MCS (Sr. Grade) is the post of Junior MCS (Selection Grade) and on the basis of the recommendation of the Selection Committee, 14 Junior MCS (Sr. Grade) were promoted to the post of Junior MCS (Selection Grade), including some of the private respondents. The said promotion order was challenged by some of Junior MCS (Sr. Grade) by filing three writ petitions before the Gauhati High Court and by the order dated 4.4.2012, the Gauhati High Court set aside the promotion order and directed to hold a fresh DPC.
4.3. During the pendency of the aforesaid three writ petitions, the Manipur Government framed another Rule called the Junior MCS (1st Amendment) Rules, 2012 with effect from 6.3.2012 and under the said amended Rules, 31 posts in the Grade of Junior MCS (Selection Grade) have been abolished and the provisions under Rule 27(1)(ii) and Rule 27(3) which deal with the provisions for promotion to Junior MCS (Selection Grade) were deleted. Thus, all 31 posts of Junior MCS (Selection Grade) as well as all the provisions for promotion to the said 31 posts as provided in the earlier Rules stand abolished with effect from 6.3.2012. There is no longer any post of Junior MCS (Selection Grade) with effect from 6.3.2012 and also no provision under the Rules for giving promotion to the said abolished posts with effect from 6.3.2012. By the said amended Rules, Rules 5, 16, 28 and Schedule-I of the MANIPUR CIVIL SERVICE RULES , 1965 ha
