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2026:MLHC:184

Serial No. 30

Regular List

HIGH COURT OF MEGHALAYA

AT SHILLONG

WP(C) No. 436 of 2024

Date of Decision :12.03.2026

1. Shri Ajit Cheran Momin

2. Shri Bilgrak M. Marak

3. Shri Izhar G. Momin

4. Shri Lonick Imphil Sangma

…Petitioner(s)

-Versus-

1. State of Meghalaya represented by

The Commissioner & Secretary,

Public Health Engineering Department, Shillong

2. The Deputy Secretary to the Government of Meghalaya,

Public Health Engineering Department, Shillong

3. The Chief Engineer, P.H.E.

Meghalaya, Shillong

4. Shri Patiencely Stone Lyngdoh,

Sub Divisional Officer, PHE,

Reservoir Sub Division, Mawphlang

East Khasi Hills, Meghalaya

5. Smti Shailin Dora Synrem,

Sub Divisional Officer, PHE,

Investigation Sub Division, Shillong,

East Khasi Hills, Meghalaya …Respondent(s)

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2026:MLHC:184

____________________________________________________________

Coram:

Hon’ble Mr. Justice H.S. Thangkhiew, Judge.

Appearance:

For the Petitioner(s) : Mr. A.S. Siddiqui, Sr. Adv. with

Ms. A. Kharmyndai, Adv.

For the Respondent(s) : Mr. N.D. Chullai, AAG with

Ms. Z.E Nongkynrih, GA (For R 1-3)

Mr. S. Sen, Adv. (For R 4&5)

i) Whether approved for reporting in Yes/No

Law journals etc:

ii) Whether approved for publication Yes/No

in press:

JUDGMENT AND ORDER (ORAL)

1. The petitioners who are presently serving as Sub-Divisional

Officers/Assistant Engineers (Civil) in the PHE Department of the

Government of Meghalaya by way of the instant writ petition are seeking

rectification of the gradation list dated 14.02.2024, to show them senior to

the respondents Nos. 4 & 5. The ground on which the rectification is sought

is that the petitioners except for the petitioner No. 1, who is higher in the

merit list than the respondent No. 5, but all lower in the merit list to the

respondent No. 4, has been shown lower in the gradation list in spite of being

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2026:MLHC:184

appointed earlier than the said respondents. The relevant dates being as

follows:-

i) Petitioner No. 1 was appointed on 12.01.2007

ii) Petitioner No. 2 was appointed on 20.12.2006

iii) Petitioner No. 3 was appointed on 22.12.2006

iv) Petitioner No. 4 was appointed on 13.12.2006

v) Respondent No. 4 was appointed on 03.05.2007

vi) Respondent No. 5 was appointed on 15.05.2008

2. Mr. A.S. Siddiqui, learned Senior counsel assisted by Ms. A.

Kharmyndai, learned counsel for the petitioners submits that the petitioners

along with the other candidates had applied for the post of Assistant

Engineer (Civil) in the Public Health Engineering Department and were part

of the 22(Twenty-two) successful candidates recommended for appointment

against 19(Nineteen) posts. The petitioners by virtue of the Reservation

Policy, were then appointed against the said posts before the respondents

Nos. 4 & 5. However, he submits in the inter se seniority list published by

the respondent No. 2, dated 05.05.2021, the name of the respondent No. 4

was reflected at Sl. No. 16, which is above the petitioner No. 1 at Sl. No. 17,

and the name of respondent No. 5 was reflected at Sl. No. 18, above the

name of the respondents, Nos. 2, 3 & 4, who were shown at Sl. Nos. 19, 20

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2026:MLHC:184

& 21, though they were appointed subsequently. Being aggrieved, the

petitioners he submits, had preferred a representation on 11.03.2022

enclosing the Judgment and Order of this Court dated 10.02.2022 passed in

WP(C) No. 301/2018 and other connected matters, wherein it was held that

subsequently inducted employees, would not stand on the same footing as

candidates appointed earlier though they may be higher in the merit list.

3. Without their grievance being addressed, the learned Senior

counsel submits that the respondent No. 2 then published a draft gradation

list on 01.01.2023, which again reflected the names of the petitioners below

the names of the respondents. It is then submitted that the petitioners

submitted a fresh representation to the respondent No. 2 on 25.05.2023 and

also relied upon the Judgment dated 09.11.2022 delivered in WP(C) 394 of

2021 i