In a significant legal battle, the Supreme Court of India has put an end to the seniority dispute between the Junior Engineers and the Upgraded Sectional Officers, Grade-I. The case, which involved the finalized seniority list dated 26.03.2018, has now been settled with implications on the inter se seniority within the cadre of Junior Engineers. Explore the key aspects of this judgment to understand how it impacts the service hierarchy and promotions in the concerned department.
Facts
- The issue under consideration is the inter se seniority between directly recruited Junior Engineers and those whose posts of Sectional Officer, Grade-I, were upgraded to Junior Engineer.
- The upgrade of the Sectional Officers, Grade-I, to Junior Engineers was not in line with the 1997 Rules for filling the post of Junior Engineer.
- The directly recruited Junior Engineers were appointed in the pay-scale of ₹6000-9750 in 2003 after qualifying the exam conducted by the Nagaland Public Service Commission.
- Several tentative seniority lists were circulated starting from 31.05.2004, but none were finalized until 26.03.2018.
- In the finalized seniority list, the appellants were placed above the incumbents who became Junior Engineers after their posts were upgraded from Sectional Officer, Grade-I.
- This was due to the fact that the appellants had been working as Junior Engineers since their appointment in 2003, whereas the incumbents’ posts were upgraded to Junior Engineers in 2007.
- The Division Bench of the High Court set aside the judgment of the learned Single Judge.
- The Departmental Promotion Committee (DPC) was held on 16.03.2007 to consider regularization of their officiating promotion.
- Aggrieved against the judgment of the learned Single Judge in W.P.(C)No.74(K) of 2019, an intra-court appeal, W.A. No.4 of 2020 was filed.
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Arguments
- The learned Judge traced the history from 1997 onwards, which was deemed irrelevant for the case.
- Private contesting respondents were deemed to be promoted to Sectional Officers, Grade-I as per Office Order dated 31.03.2007.
- The regularization of officiating promotions was highlighted.
- Judgments in previous cases were cited as supporting arguments.
- Inter-se seniority was to be determined post the first direct recruitment of Junior Engineers on 01.05.2003.
- Dispute was noted regarding the status of private contesting respondents as Junior Engineers on the date of direct recruitments.
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Analysis
- Seniority list of Junior Engineers circulated earlier is not relevant due to recruitment from two different sources in 2003.
- Sectional Officer, Grade-I is a promotional post from Sectional Officer, Grade-II.
- Dates of promotions to Sectional Officer, Grade-I prior to 16.03.2007 do not impact current case.
- Sectional Officer, Grade-I posts were upgraded to Junior Engineers on 11.10.2007.
- Writ petitions filed against seniority list by incumbents as Sectional Officer, Grade-I.
- Division Bench misdirected while examining 1997 Rules, date of appointments, and regularization as Sectional Officer, Grade-I.
- Finalized seniority list on 26.03.2018 showing positions of incumbents from two sources.
- Argument that Sectional Officer, Grade-I incumbents were working on lower non-gazetted posts.
- Post of Junior Engineer governed by 1997 Rules with 90% direct recruitment and 10% promotion.
- Dispute arose after direct recruitment of Junior Engineers in 2003.
- Upholding of impugned seniority list on 26.03.2018.
- Appellants in C.A.@S.L.P.(C)No.17102 appointed as Junior Engineers through Nagaland Public Service Commission in 2003.
- The Division Bench of the High Court made an error in giving seniority to upgraded Sectional Officer, Grade-I, in the cadre of Junior Engineers from a date before they even existed in the Junior Engineers cadre.
- The upgradation order that made them Junior Engineers was issued after the direct recruitment in 2003, so they cannot claim seniority from a date prior to their existence in that cadre.
- The error in seniority calculation affects the chronological order of promotion and creates an unjust advantage for the upgraded officers.
- The Division Bench’s decision is contrary to the established principles of seniority and promotion based on service duration and date of entry into a specific cadre.
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Decision
- The seniority list of the Junior Engineers as circulated on 26.03.2018 has been upheld.
- The impugned order passed by the Division Bench of the High Court has been set aside.
- The appeals are allowed based on the reasons mentioned in the judgement.
Case Title: MHABEMO OVUNG Vs. M. MOANUNGBA (2024 INSC 641)
Case Number: C.A. No.-009927-009927 – 2024
