NDLI: K. Meghachandra Singh & Ors. Vs. Ningam Siro & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Manipur Civil Service Rules 1965 Seniority Inter- se seniority amongst direct recruits and promotees Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law : Seniority – Manipur Police Service Grade–II Officers Cadre – Inter- se seniority amongst direct recruits and promotees – Final Seniority list of MPS Grade II Officers wherein promotees-respondents who entered the cadre on 01.03.2007, placed below the direct recruits-appellants, who joined the cadre on 14.08.2007 and 24.11.2007 respectively – Challenge to, by the promotees that they should be regarded senior to direct recruits – Single Judge of the High Court held that promotees must be given seniority above the direct recruits – Division Bench upheld the order – On appeal, held: Seniority cannot be claimed from a date when the incumbent is yet to be borne in the cadre – Rule 28(i) applicable to both promotees and direct recruits, provides that seniority shall be determined by the order in which the appointments are made to the service – If seniority under Rule 28(i) is to be determined based on the date of appointment, it cannot be said that for the purpose of Rule 28(iii), the seniority of direct recruits should be determined on the basis of the date of initiation of the recruitment process – Term “Recruitment Year” does not and cannot mean the year in which, the recruitment process is initiated or the year in which vacancy arises – On facts, it was not permissible to prepare a fresh seniority list as an independent exercise, ignoring the decision of the Single Judge as affirmed by the Division Bench – Thus, the orders of the High Court are upheld and in view thereof, the State is directed to prepare a revised inter– se seniority list in the MPS Grade–II cadre – Manipur Civil Service Rules, 1965 – r. 28(iii), 28(i), 16(iii).
Judge	Hon'ble Mr. Justice Hrishikesh Roy
Neutral Citation	2019 INSC 1260
Petitioner	K. Meghachandra Singh & Ors.
Respondent	Ningam Siro & Ors.
SCR	[2019] 16 S.C.R. 651
Judgement Date	2019-11-19
Case Number	8833

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