K. MEGHACHANDRA SINGH & ORS. versus NINGAM SIRO & ORS.

K. MEGHACHANDRA SINGH & ORS. versus NINGAM SIRO & ORS.

Seniority of officers in Manipur Police Service Grade-II, whether promotees or direct recruits, must be reckoned from the date of actual appointment in the cadre, not from date of vacancy or recruitment initiation. Rule 28(i) applies to both streams. Previous judgments and office memoranda supporting seniority from initiation of recruitment are not applicable for Manipur; N.R. Parmar is overruled prospectively. Orders of High Court upheld; promotees are senior to direct recruits.

Parties
Appellant: K. Meghachandra Singh; Respondent: Ningam Siro; Appellant: Ahanthem Bimol Singh; Respondent: State of Manipur
Jurisdiction
India
Judgment Date
19 November 2019
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeals dismissed or disposed of; High Court orders upheld.
Legal Topics
Seniority, Promotion, Direct Recruitment, Inter Se Seniority, Manipur Police Service Grade II Officers Cadre
Service Law Seniority Promotion Direct Recruitment Inter Se Seniority Manipur Police Service Grade II Officers Cadre

Case Brief

Summary, issues, holding and outcome

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Parties

K. Meghachandra Singh

Appellant

Ningam Siro

Respondent

Ahanthem Bimol Singh

Appellant

State of Manipur

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether seniority of direct recruits in Manipur Police Service Grade-II should be reckoned from date of appointment or from date of vacancy/recruitment initiation
  2. 2 Applicability of Rule 28(i) and 28(iii) of Manipur Police Service Rules, 1965 for determining inter-se seniority between promotees and direct recruits

Ratio Decidendi

Seniority of officers in Manipur Police Service Grade-II, whether promotees or direct recruits, must be reckoned from the date of actual appointment in the cadre, not from date of vacancy or recruitment initiation. Rule 28(i) applies to both streams. Previous judgments and office memoranda supporting seniority from initiation of recruitment are not applicable for Manipur; N.R. Parmar is overruled prospectively. Orders of High Court upheld; promotees are senior to direct recruits.

Court Disposition

Appeals dismissed or disposed of; High Court orders upheld.

Orders

  • State of Manipur directed to prepare revised inter-se seniority list for MPS Grade-II cadre within 8 weeks.
  • All consequential actions to follow from this judgment.