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)

____________________________________________________________

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 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 & 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 in the case of Zanera R. Marak & Ors. vs. State of Meghalaya, which held t