MD SIKANDER AND 2 ORS v. STATE OF MANIPUR AND 221 ORS

Court: High Court of Manipur

Bench: HON'BLE MR JUSTICE MV MURALIDARAN

Judgment date: 2020-01-23

Case summary

High Court of Manipur judgment dated 2020-01-23. MD SIKANDER AND 2 ORS v. STATE OF MANIPUR AND 221 ORS. Read the judgment and case details on LawSphereX.

Judgment text

P a g e | 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL W. P. (C) No. 1122 of 2018 1. Md. Sikander, aged about 42 years, s/o (Late) Md. Heshamuddin, a East District, Manipur – 795149. 2. Y. Guneswor Singh, aged about 44 years, s/o Y. Manihar Singh, a resident of Yumnam Huidrom Thiyam Leishangkhong, B. P. O. Yumnam Huidrom thiyam Leishangkhong, P. S. Wangoi, Imphal West District, Manipur – 795009 3. Thoidingjam Bijoychand Khuman, aged about 37 years, s/o (Late) Th. Khomei Meitei, a resident of Top Makha Leikai, P. O. & P. S. Porompat, Imphal East District, Manipur -795005. Petitioners -Versus- 1. The State of Manipur, represented through its Chief Secretary (Home), Government of Manipur, Manipur secretariat, lmphal, Manipur - 795001 2. The commissioner / secretary (DP), Government of Manipur, Manipur Secretariat, lmphal, Manipur - 795001 3. The Director General of Police, Government of Manipur, Police Headquarters, Babupara, lmphal west District, Manipur 795001 4. M.

Muhindro Singh, Naik No. 9187, presently Havildar 5. A. Lokhendro Singh, Naik No. 55733, presently Havildar 6. Tomba Maring (ST), Naik No. 13578, presently Havildar 7. L. Brojendro Singh, Naik No. 14005, presently Havildar 8. N. Gokulchandra Singh, Naik No. 9647, presently Havildar 9. Th. Dilip Singh, Naik No. 61197, presently Havildar 10. W. Biren Singh, Naik No. 60154, presently Havildar 11. Goutam Thankur, Naik No. 5785, presently Havildar 12. M. Ramu Singh, Naik No. 14655, presently Havildan WP(C) No. 1122 of 2018 Page 1 P a g e | 2 13. Y. Premjon Singh, Naik No. 7551 , presently Havildar 14. M. Jayenta Singh, Naik No. 9022, presently Havildar 15. K lbomcha Singh, Naik No. 9833, presently Havildar 16. O. Dwijamani Singh, Naik No. 61109, presently Havildar 17. Ksh. Rajen Singh, Naik No. 8130, presently Havildar 18. T. Jugindro Singh, Naik No. 60262, presently Havildar 19. Dil Bahadur,NaikNo. 13080, presently Havildar 20. Joy Jacob, Naik No. 60963, presently Havildar 21. W.

Somorendro Singh, Naik No. 61540, presently Havildar 22. P. Tiken Singh, Naik No. 61509, presently Havildar 23. Lal Mohamad,NaikNo. 22966, presentlyHavildar 24. Y. Manglemjao Singh, Naik No. 9540, presently Havildar 25. H. Birbabu Singh, Naik No. 61506, presently Havildar 26. Ng. Dayannanda Singh, Naik No. 9873, presently Havildar 27. N. lndra Singh, Naik No. 22340, presently Havildar 28. L. Yaiskul Singh, Naik No. 61105, presently Havildar 29. K. Binod Singh, Naik No. 60684, presently Havildar 30. N. Borajao Singh, Naik No. 60715, presently Havildar 31. A. Kumar Singh, Naik No. 7456, presently Havildar 32. Y. Surchand Singh, Naik No. 9026, presently Havildar 33. D. Sheila Khumancha, Naik No. 55879, presently Havildar 34. A. Meghachandra Singh, Naik No. 9040, presently Havildar 35. H. Chaothoi Singh, Naik No. 40158, presently Havildar 36. Th. lbobi Singh, Naik No. 5988, presently Havildar 37. Md. Majib Ali, Naik No. 8312, presently Havildar 38. N. Pakchao Singh, Naik No.

60494, presently Havildar 39. Yangkhosei (ST), Naik No. 9221, presently Havildar 40. Surju Narayan, Naik No. 55286, presently Havildar 41. L. Sanjoy Singh, Naik No. 8567, presently Havildar 42. A. Megha Singh, Naik No. 9325, presently Havildar 43. O. lbotomba Singh, Naik No. 55980, presently Havildar 44. Gopalan, Naik No. 5661, presently Havildar 45. M. Gopeshwor Singh, Naik No. 8428, presently Havildar 46. M. Amuthoi Singh, Naik No. 7440, presently Havildar 47. Y. Surendra Singh, Naik No. 9513, presently Havildar 48. R. James Tangkhul (ST), Naik No. 23132, presently Havildar WP(C) No. 1122 of 2018 Page 2 P a g e | 3 49. K. Ojit Singh, Naik No. 61410, presently Havildar 50. K. Sashikumar Singh, Naik No. 9141, presently Havildar 51. Ng. Nilkamal Singh, Naik No. 22774, presently Havildar 52. L. Nabachandra Singh, Naik No. 8403, presently Havildar 53. L. Bijendro Singh, Naik No. 23181 , presently Havildar 54. Ph. Dey Singh, Naik No. 14623, presently Havildar 55. L.

Suranjoy Singh, Naik No. 9726, presently Havildar 56. Birendra Pratap, Naik No. 8047, presently Havildar 57. M. Chinglen Singh, Naik No. 23160, presently Havildar 58. L. Deven Singh (ST), Naik No. 55926, presently Havildar 59. M. Ronel Singh, Naik No. 9110, presently Havildar 60. K. Meghachandra Singh, Naik No. 908, presently Havildar 61. L. Momon Singh, Naik No. 14557, presently Havildar 62. L. Joykumar Singh, Naik No. 22572, presently Havildar 63. Sitoklung Rongmei (ST), Naik No. 13357, presently Havildar 64. A. lngochanbi Singh, Naik No. 23085, presently Havildar 65. T. Debendro Singh, Naik No. 8536, presently Havildar 66. A. S. Benjamin (ST), Naik No. 8194, presently Havildar 67. Th. Rajendro Singh, Naik No. 60756, presently Havildar 68. Y. Premananda singh, Naik No. 9653, presently Havildar 69. M. Jagat Singh, Naik No. 9753, presently Havildar 70. Y. Deven Singh, Naik No. 55306, presently Havildar 71. Holkholun Kuki (ST), Naik No. 60913, presently Havildar 72.

Md,Azizulah,Naik No. 8037, presently Havildar 73. Th. Dhemo Singh, Naik No. 22766, presently Havildar 74. A. Kennedy Singh, Naik No. 8408, presently Havildar 75. Thangkholam (ST), Naik No. 9257, presently Havildar 76. l. Tomba Singh, Naik No. 60321, presently Havildar 77. Y. Hemkholun Kuki (ST), Naik. No. 60860,presently Havildar 78. Y. lbungo Singh, Naik No. 55791, presently Havildar 79. L. Brojendro Singh, Naik No. 14622, presently Havildar 80. Y. Brojen Singh, Naik No. 9699, presently Havildar 81. G. Basudev Sharma, Naik No. 22997 , presently Havildar 82. O. lbomcha Singh, Naik No. 8023, presently Havildar 83. Sh. llen Singh, Naik No. 55792 presently Havildar WP(C) No. 1122 of 2018 Page 3 P a g e | 4 84. K. lbopishak Singh, Naik No. 8062, presently Havitdar 85. S. Padma Singh, Naik No. 5648, presently Havildar 86. Th. Dharma Singh, Naik No. 8546, presently Havildar 87. P. Langbanjao Kabui, Naik No. 14680, presently Havildar 88. O. Yaima Singh, Naik No. 61428, presently Havildar 89.

Kh. lbohal Singh, Naik No. 9032, presently Havildar 90. N. Mangoljao Singh, Naik No. 60559, presently Havitdan 91. Th. Ibopishak Singh, Naik No. 8136, presently Havildar 92. Z. A. Ningshok (ST)',Naik No. 61058, presently Havildar 93. Th. Ratan Singh, Naik No. 9721, presently Havildar 94. T. Brojen Singh' Naik No. 23083, presently Havildar 95. Th. Pheiiao Singh,Naik No. 55356, presently Havildar 96. M. Lokeshore Singh, Naik No. 61001, presently Havildar 97. H. Gope Singh' Naik No. 55433, presently Havildar 98. N. Gopimohon Singh, Naik No. 23093, presently Havitdar 99. S. Sanahal Singh, Naik No. 8078, presently Havildar 100. L. Kesho singh, Naik No. 60914, presently Havildar 101 . Ch. Nongban Singh, Naik No. 61023, presently Havildar 102. K. Bijen Singh, Naik No. 8426, presently Havildar 103. Th' Brojen Singh, Naik No. 9651, presently Havildar 104. Y. Bhogendro Singh, Naik No. 8421, presently Havildar 105. W. Rameshore Singh, Naik No. 61438, presently Havildar 106. Md.

Nazir Ahmad, Naik No. 8436, presently Havildar 107. Ram Prasad Chhetry, Naik No. 60819, presently Havildar 108. L. Lukhoibabu Singh, Naik No. 22742, presently Havildar 109. Ng. Tikendro Singh, Naik No. 7096, presently Havildar 110. Kh. Chadra Singh, Naik No. 7569, presently Havildar 111. Bhadra Bahadur, Naik No. 8086, presently Havildar 112. O. Kesho singh, Naik No. 9627, presenyly Havildar 113. Md. Faiur Rehman, Naik No. 7473, presently Havildar 114. Y. Mangijao Singh, Naik No. 14646, presently Havildar 115. Shivjal Das, Naik No. 14624, presently Havildar 116. U. Ashokumar Singh, Naik No. 61388, presently Havildar 117. Md. Syed Ahmad, Naik No. 8430, presently Havildar 118. L. Paokhothang (ST), Naik No. 8473, presently Havildar WP(C) No. 1122 of 2018 Page 4 P a g e | 5 119. Ram Bahadur Chhetry, Naik No. 13919, presently Havildar 120. A, S. Samson Tkl (ST), Naik No. 22964, presently Havildar 121. P. Naba Singh, Naik No. 7080, presently Havildar 122. Lhunkholet Haokip (ST), Naik No.

55503, presently Havildar 123. N. Achou Singh, Naik No. 7098, presently Havildar 124. N. lbomcha Singh, Naik No,7011, presently Havildar 125. W. Rajen Singh, Naik No. 5977, presently Havildar 126. L. Sanajaoba Singh, Naik No. 14559, presently Havildar 127. W. Birdhaja Singh, Naik No. 7305, presently Havildar 128. M. Nabachandra Singh, Naik No. 8142, presently Havildar 129. K. Sunil Singh, Naik No. 9293, presently Havildar 130. Thantlung Hmar (ST), Naik No. 61040, presently Havildar 131. M. Biren Singh, Naik No. 8425, presently Havildar 132. L. lnao Singh, Naik No. 14556, presently Havildar 133. R. K. Johnstone Longma (ST), Naik No. 9749, presently Havildar 134. Ch. Joykumar Singh, Naik No. 8407, presently Havildar 135. K. Nando Kom (ST), Naik No. 14660, presently Havildar 136. Y. Manihar Singh, Naik No. 7022, presently Havildar 137. M. lboyaima Singh, Naik No. 13835, presently Havildar 138. H. Manglemba Singh, Naik No. 23220, presently Havildar 139. N. Kumar Singh, Naik No.

60942, presently Havildar 140. M. Roben Singh, Naik No. 9552, presently Havildar 141. Th. Binoy Singh, Naik No. 14219, presently Havildar 142. Md. Murkirnuddin, Naik No. 61221, presently Havildar 143. Md. lslanruddin, Naik No. 61389, presently Havildar 144. A. Manglem Singh, Naik No. 55419, presently Havildar 145. Y. Yaiskul Singh, Naik No. 8069, presently Havildar 146. A. Beikul Singh, Naik No. 9304, presently Havildar l47. W. BhumeshworSingh,NaikNo. 9575,presently Havildar 148. K. Shyamo Singh, Naik No. 60842, presently Havildar 149. Th. Bijoy Singh, Naik No. 22728, presently Havildar 150. W. Bobocha Singh, Naik N. 9012, presently Havildar 151. H. Jiban Singh, Naik No. 9564, presently Havildar 152. T. Angoucha Singh, Naik No. 60925, presently Havildar 153. M. A. Warish Ali, Naik No. 55715, presently Havildar WP(C) No. 1122 of 2018 Page 5 P a g e | 6 154. Md. Salim, Naik No. 8045, presently Havildar l55. H. Sunildutta Singh,NaikNo. 23075,presently Havildar 156.

Hrimsong Monsang(ST),NaikNo. 7058,presently Havildar 157. Th. Rajen Singh, Naik No. 22670, presently Havildar 158. M. Khamba Singh, Naik No. 7005, presently Havildar l59. S. Manglemjao Singh,NaikNo. 5893, presently Havildai 160. Md. Jalal Khan, Naik No. 7051, presently Havildar 161. Md. Nijamuddin, Naik No. 7405, presently Havildar 162. N. KumarSingh, NaikNo. 9011, presently Havildar l63. W. Rupachandra Singh,NaikNo. 9626,presently Havildar 164. S. Yaima Singh, Naik No. 7043,presently Havildar 165. S. Bishambhor Singh,NaikNo. 14039,presently Havildar 166. N. lbomcha Singh, Naik No. 60906, presently Havildar 167. Kh. Nilababu Singh,NaikNo. 22639,presently Havildar 168. R. K. Muktasana singh, Naik No. 14141, presently Havildar 169. L. lbotombi singh, Naik No. 7041, presently Havildar 170. Ginsuanpao Paite (ST), Naik No. 60615, presently Havildar 171. Lalsiamlian (ST), Naik No. 55479, presently Havildar 172. Mahipal Gurung,Naik No. 55276, presently Havildar 173. W. TombaSingh,Naik No.

8096,presently Havildar 174. Y. Jiban Singh, Naik No. 9035, presently Havildar 175. M. Deben Singh, Naik No. 14560, presently Havildar 176. O. Ranjit Singh, Naik No. 9609,presently Havildar 177. S. JuginSingh, NaikNo. 60550,presently Havildar 178. S. Bishambhorsingh, Naik No. 8109, presently Havildar 179. L. Yaima Singh, Naik No. 22325, presently Havildar 180. Md. ldrish Ali,NaikNo. 13903,presently Havildar 181. T. TombaSingh,NaikNo. 7079,presently Havildar 182. Dev Ranjan, Naik No. 55387, presently Havildar 183' Th. Gouro Singh, Naik No. 9668, presently Havildar 184. K. Kalanjoy Singh, Naik No. 7557, presently Havildar 185. O. Nilamani singh, Naik No. 61443, presently Havildar 186. P. Maipaksana singh, Naik No. 14645, presently Havildar 187. Md. Warish Ali, Naik No. 55717, presently Havildar 188. M. BrojenSingh,NaikNo. 9130, presently Havildar WP(C) No. 1122 of 2018 Page 6 P a g e | 7 189. N. Goroba Singh, Naik No. 7085, presently Havildar 190. L. GulapiSingh,NaikNo.

22778, presently Havildar 191 . Y. Shyam Singh, Naik No. 9112, presently Havildar 192. P. Devchand Singh, Naik No. 7165, presently Havildar l93. JangveiLamkhang(ST),NaikNo. l4402, presently Havildar l94. M. SanajaobaSingh,NaikNo. 9030, presently Havildar 195. Y. Muhindro Singh, Naik No. 9023, presently Havildar 196. Nungshithoi Singh, Naik No. 9068, presently Havildar 197. N. lbomcha Singh, Naik No. 60791, presently Havildar 198. M. lbochou Singh, Naik No. 55340, presently Havildar 199. S. BesoMao(ST),NaikNo. 60690, presently Havildar 200. Md. Helaluddin,NaikNo. 60552, presently Havildar 201. L. Ningthouren singh, Naik No. 60643, presently Havildar 202. Kh. Khelendro singh, Naik No. 9764, presently Havildar 203. J. Rangtong(ST),NaikNo. 23109, presently Havildar 204. Ch. ShyamSingh,NaikNo. 60948, presently Havildar 205, A. Labango Singh, Naik No. 8454, presently Havildar 206. Kh. sanatomba singh, Naik No. 60807, presently Havildar 207, Th. Rajmani Singh, Naik No.

60602, presently Havildar 208. Md. NajirAli,NaikNo. 60570, presently Havildar 209. Bholanath Singh, Naik No. 60076, presently Havildar 210. L. Romesh Singh, Naik No. 61398, presently Havildar 211. S. Babudhon Singh, Naik No. 60733, presently Havildar 212. L. Bihari Singh, Naik No'61174, presently Havildar 213. Ch. Merajao singh, Naik No. 60946, presently Havildar 214. L. Brajamani singh, Naik No. 22435, presently Havildar 215. A. Pishak Singh, Naik No. 22667, presently Havildar 216. H. BrojendroSingh,NalkNo. 23079,presently Havildar 217. Ngamkhohen Kuki (ST), Naik No. 60539, presently Havildar 218. Md. Apik, Naik No. 60938, presently Havildar 219. H. Bishorjit Singh, Naik No. 9768, presently Havildar 220. Sh. Dineshore Singh, Naik No. 60558, presently Havildar 221. Th. KunjoSingh,NaikNo. 22627,presently Havildar 222, Th. Meghachandra Singh, Naik No. 9711, presently Havildar WP(C) No. 1122 of 2018 Page 7 P a g e | 8 (Respondent Nos.

4 to 222 may kindly be allowed to be served through Respondent No. 3) ... Respondents B E F O R E HON’BLE MR. JUSTICE MV MURALIDARAN For the Petitioner :: Mr. RK. Deepak, Adv. For the respondents :: Mr. H. Samarjit, GA. Date of Hearing :: 25. 11. 2019 Date of Judgment & :: 23. 01. 2020 Order JUDGMENT & ORDER (CAV) [1]. Mr. RK. Deepak, learned counsel appears for the petitioner and Mr. H. Samarjit, learned GA appears for the respondents. [2]. This writ petition has been filed by the petitioners seeking to quash the final seniority list of Havildars in Police Department as on 29. 8. 2013 and other earlier final seniority list issued without inviting objections and to make the direct recruits including the petitioners who were appointed in the recruitment year 2000-2001 en bloc senior to 219 promotees who were appointed by promotion vide order dated 14.

11 2001 in the recruitment year 2001-2002 and also to direct the respondents to make necessary changes/modifications to the position or status of the WP(C) No. 1122 of 2018 Page 8 P a g e | 9 private respondents by making necessary changes in the seniority of the private respondents vis-a-vis the direct recruits including the petitioners. [3]. The case of the petitioners is that they were appointed to the post of Havildar along with 40 others by way of direct recruitment vide order dated 18. 1. 2001. On the other hand, respondent Nos. 4 to 222 were appointed by promotion vide order dated 14. 11. 2001. Some of them may have retired, expired or further promoted to Jemadars since the time they were initially appointed on 14. 11. 2001. [4]. Further case of the petitioners is that they recently came to know the existence of final seniority list of Havildars as on 29. 8. 2013 issued by the third respondent and a draft seniority list as on 1. 10. 2002 issued on 22. 10. 2002.

In the said seniority lists, the direct recruits including the petitioners who were appointed by direct recruitment in the recruitment year 2000-2001 were dovetailed with those who were appointed by promotion in the recruitment year 2001-2002. Since the petitioners were not aware of the circulation or publication of any tentative seniority list, calling claims or objections to any such list which may have been issued any time after their initial appointments, they were aggrieved by the issuance of final seniority list of Havildars as on 29. 8. 2013. [5]. According to the petitioners, they have submitted representations dated 20. 10. 2018 and 26. 11. 2018 to the DGP, Manipur to review and modify the final seniority list of 2013 and the said WP(C) No. 1122 of 2018 Page 9 P a g e | 10 representations have not been considered by the said authority.

The Government of Manipur is contemplating to promote several Havildars to the posts of Jemadars shortly on the basis of the final list dated 29. 8. 2013 and they are aggrieved that if any promotion is made on the basis of the said list, they will be prejudiced. Hence, the present petition with the relief aforesaid. [6]. Respondent No. 3 filed affidavit-in-opposition stating that the final seniority list of Havildars was issued on 28. 8. 2013 after the draft list issued on 5. 6. 2013 thereby invited objection from all quarters. It is stated that the Manipur Reservation of Vacancies in Posts and Services (for Scheduled Castes & Scheduled Tribes) Act, 1976 as amended from time to time is not related with the inter-se seniority involved in the present case. The seniority list was compiled as per the prevailing rules and norms. The recruitment year with reference to inter-se seniority is no where defined either in the State or Centre Rules.

Calendar year is normally adopted for inter-se seniority in the Manipur Police Department and hence the seniority list was compiled as per the relevant rules applicable. Therefore, there is no merit in this writ petition and prayed for dismissal of the same. [7]. Assailing the impugned final seniority list dated 29. 8. 2013, the learned counsel for the petitioners submitted that the petitioners who are direct recruits cannot be dovetailed with the promotees and therefore, the final seniority list of Havildars in the police Department as on 29. 8. 2013 WP(C) No. 1122 of 2018 Page 10 P a g e | 11 is in violation of the existing rules and the principles of service jurisprudence and therefore, the same is liable to be set aside. [8]. Per contra, the learned counsel for the State submitted that after publishing draft seniority list and after inviting objections from all quarters, the final seniority list of Havildars was issued on 28. 8.

2013 and the petitioners all along keeping quite, suddenly cannot seek to reopen the seniority already settled. He would submit that the seniority list of 2013 was published as per relevant rules and therefore, at the distant point of time, the petitioners have no right to question and/or reopen the impugned seniority list of 2013. [9]. I have considered the submissions made by the learned counsel appearing on either side and also perused the materials available on record. [10]. The petitioners were appointed as Havildars by way of direct recruitment on 18. 1. 2001 and the private respondents were appointed by promotion on the recommendation of Class III DPC held on 10. 9. 2001 to the post of Havildars on 14. 11. 2001 by the third respondent. The next higher promotional post of Havildars is the Jemadars. The post of Jemadar is a selection post and the method of recruitment is 50% by promotion and 50% by direct recruitment.

The said 50% promotional quota is to be filled up on the basis of the following method: WP(C) No. 1122 of 2018 Page 11 P a g e | 12 (1) 10% of the sanctioned posts for promotion quota to be filled from Havildars of Manipur Rifles who are declared outstanding sportsmen by All India Police Sports Control Board/Recipients of President's Police Medal for Gallantry. (2) 40% of the sanctioned posts for promotion quota to be filled from Havildars of Manipur Rifles (MR/IRBs) having passed the pre-promotion selection test prescribed by the IGP and having regular service of: (i) 2 years in case of personnel having passed graduation or above; (ii)3 years in case of personnel having passed PUC/ equivalent examination; (iii)5 years in case of personnel having passed Metric/ HSLC examination. [11]. According to the petitioners, they came to know recently the existence of final seniority list of Havildars as on 29. 8. 2013, where they were placed at Serial Nos. 203, 213 and 218 respectively.

The case of the petitioners is that they were appointed by direct recruitment in the recruitment years 2000-2001 i. e. , 1. 4. 2000 - 31. 3. 2001 and were WP(C) No. 1122 of 2018 Page 12 P a g e | 13 dovetailed with those who were appointed by promotion on 14. 11. 2001 in the recruitment year 2001-2002 i. e. , 01. 4. 2001 to 31. 03. 2002. [12]. It is admitted by the petitioners that a draft seniority list as on 1. 10. 2002 was published, wherein their names appeared at Serial Nos. 485, 497 and 505 respectively. According to the petitioners, the seniority lists as on 1. 10. 2002 and 29. 8. 2013 published were not known to them and after knowing the same, they have submitted representations on 20. 10. 2018 and 26. 11. 2018 respectively to the third respondent to review and modify the senior list of 2013. According to the petitioners, the said representations have not been considered by the third respondent till date. [13].

On the other hand, the learned counsel for the respondents, by placing reliance upon the Office Memorandum dated 04. 3. 2014 of the Ministry of Personnel, Public Grievances & Pension, Department of Personnel and training, Government of India, submitted that seniority already settled with reference to the applicable interpretation of the term availability, cannot be reopened. [14]. It would be pertinent to extract the Office Memorandum dated 04. 3. 2014 for reference: No. 20011/ 1/2012-Estt. ( D) Government of India Ministry of Personnel, Public Grievances & pension WP(C) No.

1122 of 2018 Page 13 P a g e | 14 Department of Personnel & Training North Block, New Delhi, th Dated the 4 March, 2014 OFFICE MEMORANDUM Subject: Inter se seniority of direct recruits and promotees -instructions thereof *********************** The undersigned is directed to refer to the subject mentioned above and to say that the fundamental principles of inter se seniority of direct recruits and Promotees in Central Civil services/posts were laid dawn in the Department of Personnel & Training (DOPT) O. M. No. 9/11/55-RPS dated 29. 12. 1959 which provided, inter alia, that the relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees, which shatl be based on the quotas of vacancies reserved for direct recruitment and promotion respectively, in the Recruitment Rules. WP(C) No. 1122 of 2018 Page 14 P a g e | 15 2.

The carrying forward of unfilled slots of a vacancy year, for being fitted up by direct recruits of later years, was dispensed with through modified instructions contained in DoPT O. M. No. 35014/2/80- Estt. (D) dated 7. 2. 1986 which provides that rotation of quotas for purpose of determining seniority would take place only to the extent of the available direct recruits and the promotees. The unfilled direct recruitment/promotion quota vacancies would be carried forward and added to the corresponding direct recruitment/promotion quota vacancies of the next year (and to subsequent years where necessary) for taking action for the total number of direct recruitment/promotion according to the usual practice.

Thereafter, in that year, while seniority will be determined between direct recruits and promotees, to the extent of the number of vacancies for direct recruits and promotees, as determined according to the quota for that year, the additional direct recruits/promotees selected against the carried forward vacancies of the previous yearl would be placed en-bloc below the last promotee/direct recruit, as the case may be, in the seniority list, based on the rotation of vacancies for that year. WP(C) No. 1122 of 2018 Page 15 P a g e | 16 3. All the existing instructions on seniority were consolidated by DoPT through a single O. M. No. 22011/7/86-Estt( D) dated 03. 07. 1986. 4. In view of divergent stance taken by different Ministries/Departments on interpretation of 'available direct recruits and promotees' in the context of OM dated 7. 2. 86, the DoPT had issued O. M. No. 20011/1/2006- Estt. (D) dated 3. 3.

2008 which provided that the actual year of appointment, both in the case of direct 1 recruits and promotees, would be reckoned as the year of availability for the purpose of rotation and fixation of inter se seniority. 5. The matter has been examined pursuance of Hon'ble Supreme Court Judgment in on 27. 11. 2012, in Civil Appeal No. 7514-7515/2005 in the case of N. R. Parmar vs. U01 & Ors in consultation with the Department of Legal Affairs and it has been decided, that the manner of determination of inter-se-seniority of direct recruits and promotes would be as under: a) DoPT OM No. 20011/1/2006-Estt. (D) dated 3. 3. 2008 is treated as nonexistent/withdrawn ab initio; WP(C) No. 1122 of 2018 Page 16 P a g e | 17 b) The rotation of quota based on the available direct recruits and promotees appointed against the vacancies of a Recruitment Year, as provided in DOPT O. M. dated 7. 2. 1986/3. 07.

1986, would continue to operate for determination of inter se seniority between direct recruits and promotees; c) The available direct recruits and promotees, for assignment of inter se seniority, would refer to the direct recruits and promotees who are appointed against the vacancies of a Recruitment Year; d) Recruitment Year would be the year of initiating the recruitment process against a vacancy year; e) Initiation of recruitment process against a vacancy year would be the date of sending of requisition for filling up of vacancies to the recruiting agency in the case of direct recruits; in the case of promotees the date on which a proposal, complete in all respects, is sent to UPSC/Chairman-DPC for convening of DPC to fill up the vacancies through promotion would be the relevant date. f) The initiation of recruitment process for any of the modes viz. direct recruitment or promotion would be WP(C) No.

1122 of 2018 Page 17 P a g e | 18 deemed to be the initiation of recruitment process for the other mode as well; g) Carry forward of vacancies against direct recruitment or promotion quota would be determined from the appointments made against the first attempt for filing up of the vacancies for a Recruitment Year; h) The above principles for determination of inter se seniority of direct recruits and promotees would be effective from 27. 11. 2012, the date of Supreme Court Judgment in Civil Appeal No. 7514-7515/2005 in the case of N. R. Parmar Vs. U01 & Ors 2 i) The cases of seniority already settled with reference to the applicable interpretation of the term availability as contained in DopT O. M. dated 7. 2. 86/3. 7. 86 may not be reopened. 7.

As the conferment of seniority would be against the Recruitment Year in which the recruitment process is initiated for filling up of the vacancies, it is incumbent upon all administrative authorities to ensure that the recruitment process is initiated during the vacancy year itself. While requisition for filling up the vacancies for direct recruitment WP(C) No. 1122 of 2018 Page 18 P a g e | 19 should be sent to the recruiting agency, complete in all respects, during the vacancy year itself, the timelines specified in the Model Calendar for DPCs contained in DoPT O. M. No. 22011/9/98-Estt(D) dated 8. 9. 98 and the consolidated Instructions on DPCs contained in O. M. No. 22011/5/86-Estt(D) dated April 10, 1989 should be scrupulously adhered to, for filling up the vacancies against promotion quota. " (emphasis supplied) [15]. Adopting the aforesaid office Memorandum dated 04. 3. 2014, the Government of Manipur issued Office Memorandum dated 21. 12. 2017. The Office Memorandum dated 21.

12. 2017 published in the Manipur Gazette dated 29. 12. 2017 reads thus: "No. 23/42/17-MISC/DP: Reference is invited to the communication from the Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) th vide O. M. No. 20011/1/2012-Estt. (D) dated 4 March 2014 whereby general principles for determining inter-se seniority of direct recruits and the promotees of various Central services/posts have been laid down. WP(C) No. 1122 of 2018 Page 19 P a g e | 20 2. Having due regard to the principles as laid down and the need to address the issues of inter-se seniority of officers in various organized services, the State Government decides to adopt the above th referred O. M. No. 20011/1/2012 Esst. (D) dated 4 March, 2014 of the DoPT in respect of all services/posts under the State Government of Manipur. The existing Recruitment Rules of all services/posts under the State Government shall be deemed to be amended accordingly. 3.

All the criteria/pre-requisites as laid down in the aforesaid O. M. shall be taken into consideration for fixation of inter-se seniority for, all the appointment (Direct recruits or the Promotees) made hereafter. Appointments/promotions made before the issue of this O. M. will not be covered by this O. M. 4. The Seniority already fixed as per the existing rules followed earlier in the State prior to the issue of this O. M. may not be reopened. 5. This O. M. will come into effect from 01. 01. 2018 with a publication in the Gazette. " (emphasis supplied) WP(C) No. 1122 of 2018 Page 20 P a g e | 21 [16]. Thus, it is clear that the seniority already fixed as per the existing rules followed earlier in the State of Manipur prior to the issuance of the Office Memorandum dated 21. 12. 2017 cannot be reopened. The petitioners, for the first time in 2018, have submitted representation requesting to revisit and review the final seniority list of Havildars in Manipur Police Department as on 29. 8.

2013. As stated supra, before publishing the final seniority list, a draft seniority list was issued on 5. 6. 2013 calling for objections from all quarters. At that time the petitioners have not submitted any objection qua seniority list and after a lapse of nearly 6 years, they have come up with the present petition seeking to review the seniority list by contending that they should not have been dovetailed with the promotees since they were appointed a year ahead of the promotees i. e. , private respondents. The excuse sought to be condoned by the petitioners is only for the purpose of filing the present writ petition. This Court is of the view that at the distant point of time, the final seniority list published on 29. 8. 2013 cannot be reviewed and the ground on which the petitioners seeking to review the seniority list of 2013 is unsustainable in law. Moreover, the seniority already fixed/settled as per the then existing rules followed by the State cannot be reopened. [17].

For the foregoing discussions, this Court is of the view that no valid ground has been made to interfere with the final seniority list of 2013 issued by the third respondent and the petitioners having failed to WP(C) No. 1122 of 2018 Page 21 P a g e | 22 challenge and/or question the seniority list of 2013 at the relevant point of time, cannot challenge the same in 2018 and therefore, the writ petition is liable to be dismissed on the ground of delay and laches, apart from being devoid of merits. [18]. In the result, the writ petition is dismissed. No costs. JUDGE FR/NFR Lynda WAIKH Digitally signed OM by WAIKHOM TONEN MEITEI Date: 2020. 01. 24 TONEN 16:44:28 +05'30' MEITEI WP(C) No. 1122 of 2018 Page 22

Source: High Court of Manipur. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.