JUDGMENT :

(Ahanthem Bimol Singh, J.) :

[1] Heard Mr. S. Biswajit, learned counsel appearing for the petitioners, Mr. Lenin Hijam, learned Advocate General assisted by Ms. Caroline, learned counsel appearing for the respondents No. 1, 2 and 3 and Mr. A. Mohendro, learned counsel appearing for some of the private respondents.

The issue involved in the present writ petition is about fixation of Inter-se-Seniority between employees appointed under the Die-in-Harness Scheme and direct recruit/ promotees.

[2] The petitioners, 12 (twelve) in number, were all appointed as Office Assistants (LDA) in the General Administration Department under the Die-in-Harness Scheme during the period between 18-02-2016 to 21-11-2016 and they have been serving as regular Government employees for the last about six years. On the other hand, all the private respondents were appointed as Office Assistants (LDA) as direct recruit candidates on 01-12-2016. Accordingly, the petitioners were appointed earlier than the private respondents.

By an order dated 19-09-2019 issued by the Under Secretary (GAD), Government of Manipur, the posts of Office Assistant and Senior Office Assistant were re-designated as Secretariat Assistant and Senior Secretariat Assistant respectively with effect from the date of issue of the said order.

[3] The next promotional post from the post of Office Assistant (now Secretariat Assistant) is the post of Senior Office Assistant (now Senior Secretariat Assistant) and according to the petitioners, they are all eligible and qualified for promotion to the next higher post in terms of the relevant rules. It is the case of the petitioners that there is at present more than 100 vacant posts of Senior Secretariat Assistant available in the General Administration Department and as a measure for filling up the vacant posts, the authorities issued a Tentative Inter-se-Seniority List of Secretariat Assistants of Manipur Secretariat by issuing a Notification dated 05-11-2020 calling for claims and objections to the fixation of the Inter-se-Seniority. In the said Tentative Inter-se-Seniority List, the names of the petitioners are placed above the names of the private respondents.

[4] On publication of the said Tentative Seniority List, some of the private respondents submitted a joint objection to the said Tentative Inter-se-Seniority List stating, inter alia, that indicating Die-in-Harness appointees as direct recruit is not appropriate as they were appointed without undergoing any recruitment process and that placing all the Die-in-Harness appointees of 2016 above the direct recruit and promotees of 2016 batch gave them undue advantage. It has also been stated that under the Office Memorandum dated 11-11-2010 issued by the Government of India, it is provided under para 4.8 that persons appointed on compassionate ground in a particular year may be placed at the bottom of all the candidates recruited/appointed through direct recruit, promotion, etc. in that year irrespective of the date of joining of the candidates on compassionate ground.

[5] Under para 4.8 of the said Office Memorandum dated 11-11-2010 issued by the Ministry of Personnel, Public Grievances and Pension (DPT), Government of India, certain guidelines had been laid down with regard to fixation of seniority of persons appointed on compassionate ground to the extent that persons appointed on compassionate ground in a particular year may be placed at the bottom of all the candidates recruited/appointed through direct recruitment/promotion, etc., in that year, irrespective of the date o