MHABEMO OVUNG & ORS. versus M. MOANUNGBA & ORS.

MHABEMO OVUNG & ORS. versus M. MOANUNGBA & ORS.

Seniority in the Junior Engineer cadre must be determined by the date on which individuals became members of that cadre from their respective sources; persons whose posts were upgraded to Junior Engineer only became members of the cadre upon the upgradation (11.10.2007) and therefore cannot be placed senior to Junior Engineers directly recruited and appointed on 01.05.2003; accordingly the seniority list dated 26.03.2018 is correct and must be upheld.

Parties
Appellant: Mhabemo Ovung & Ors.; Respondent: M. Moanungba & Ors.; Appellant: State of Nagaland
Jurisdiction
India
Judgment Date
28 August 2024
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From the Gauhati High Court Judgment Dated 09.09.2021 in WA No. 4 of 2020
Outcome
Appeals allowed
Legal Topics
Seniority, Inter Se Seniority, Direct Recruitment, Upgradation of Posts, Seniority List, Regularization, Promotions, Pay Scales
Service Law Seniority Inter Se Seniority Direct Recruitment Upgradation of Posts Seniority List Regularization Promotions +1 more

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Parties

Mhabemo Ovung & Ors.

Appellant

M. Moanungba & Ors.

Respondent

State of Nagaland

Appellant

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From the Gauhati High Court Judgment Dated 09.09.2021 in WA No. 4 of 2020

Legal Issues

  1. 1 Whether incumbents whose posts of Sectional Officer, Grade-I were upgraded to Junior Engineer in 2007 are entitled to inter-se seniority ahead of Junior Engineers directly recruited in 2003

Ratio Decidendi

Seniority in the Junior Engineer cadre must be determined by the date on which individuals became members of that cadre from their respective sources; persons whose posts were upgraded to Junior Engineer only became members of the cadre upon the upgradation (11.10.2007) and therefore cannot be placed senior to Junior Engineers directly recruited and appointed on 01.05.2003; accordingly the seniority list dated 26.03.2018 is correct and must be upheld.

Court Disposition

Appeals allowed

Orders

  • Impugned order passed by the Division Bench of the Gauhati High Court dated 09.09.2021 set aside
  • Seniority list of Junior Engineers as circulated on 26.03.2018 is upheld