THE HIGH COURT OF SIKKIM: GANGTOK (Civil Appellate Jurisdiction)

------------------------------------------------------------------------------------------ DIVISION BENCH: THE HON’BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE ---------------------------------------------------------------------------------------

W.A. No. 9 OF 2022 Tseten Palzor Bhutia, S/o Mr. Tseten Tashi Bhutia, R/o Shyari, Gangtok, Sikkim – 737101. ….. Appellant Versus

1. State of Sikkim, Through the Secretary-cum-Commissioner, Department of Personnel, ADM. Reforms, Training and Public Grievances, Government of Sikkim, Gangtok, Sikkim – 737101.

2. Sikkim Public Service Commission, Through the Secretary, Old Tourism Complex, Gangtok, Sikkim – 737101.

3. Director General of Police, State Police Headquarters, NH 10, Gangtok, Sikkim – 737101.

4. Rinzing Chopel Rai, Son of Shri Santa Bir Rai, Resident of Shiv Mandir Road, Chandmari, Gangtok, Sikkim – 737101. ..... Respondents --------------------------------------------------------------------------

Appeal under Chapter V Rule 148 of the Sikkim High Court (Practice and Procedure) Rules, 2011 [against the impugned judgment dated 27^th June, 2022 passed by the learned Single Judge in WP(C) No. 10 of 2020 (Tseten Palzor Bhutia vs. State of Sikkim & Others]

--------------------------------------------------------------------------

Appearance:

Mr. A. Moulik, Senior Advocate with Mr. Ranjit Prasad, Ms Neha Kumari Gupta and Ms Laxmi Khawas, Advocates for the Appellant.

Mr. Aarohi Bhalla, Additional Advocate General with Mr. Thinlay Dorjee Bhutia, Government Advocate for the Respondents no.1 and 3.

Mr. Bhusan Nepal, Advocate for the Respondent No.2. Mr. D.K. Siwakoti, Advocate for the Respondent No.4.

---------------------------------------------------------------------------------------------------------

J U D G M E N T ( 7^th August, 2025 )

Bhaskar Raj Pradhan, J.

The present writ appeal challenges the impugned judgment dated 27.06.2022 passed by the learned single Judge of this Court in Writ Petition (C) No. 10 of 2020.

2. The appellant had preferred the writ petition assailing the offer of appointment dated 10.05.2016 made to the respondent No. 4 and the appointment order dated 25.06.2016 appointing the respondent no.4 as Deputy Superintendent of Police.

3. The appellant further prayed for setting aside notification no. 106/Gen/DOP dated 02.08.2016 by which the respondent no.4 had been placed at serial no.69 while he was placed at serial no.70 in the inter-se seniority list. The appellant prayed that necessary corrections be made in the Office Order dated 03.09.2019, by which the appellant and the respondent no.4 were promoted to the posts of Additional Superintendent of Police by placing the respondent no.4 at serial no.1 instead of the appellant. The appellant further prayed that the respondents be refrained from taking steps on the Office4 Order dated 03.09.2019 and a fresh seniority list be published with necessary rectification.

4. The relevant facts necessary for deciding the present writ appeal are: on 12.09.2012, the respondent no.2 - the Sikkim Public Service Commission (for short, the SPSC), issued an advertisement for filling up 25 posts of Under Secretaries and equivalent, in the Junior Grade of the Sikkim State Civil Service (for short, the SSCS). On 27.11.2012, by an addendum thereto, two posts of Deputy Superintendent of Police were also included. There was no mention of either a panel list or waiting list. The appellant as well as the respondent no.4 along with other candidates appeared for the preliminary examination conducted by the SPSC on 20.07.2014 and the main examinations from 23.02.2015 to 26.02.2015. A combined merit list was prepared thereafter on the marks obtained in the written examination and viva-voce for the posts of Under Secretary as well as Deputy Superintendent of Police for the year 2015. In the merit list, one Barbara Lama with total marks of