LexMHABEMO OVUNG & ORS. versus M. MOANUNGBA & ORS.
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[2024] 8 S.C.R. 709 : 2024 INSC 641 Mhabemo Ovung & Ors. v. M. Moanungba & Ors. (Civil Appeal No. 9927 of 2024) 28 August 2024 [J.K. Maheshwari and Rajesh Bindal,* JJ.] Issue for Consideration Issue arose as regards inter-se seniority of the incumbents appointed to the post of Junior Engineer on direct recruitment basis and those whose posts of Sectional Officer, Grade-I, were upgraded to Junior Engineer. Headnotes† Service law – Seniority – Members of the cadre of Junior Engineers – Inter-se seniority of the incumbents appointed to the post of Junior Engineer on direct recruitment basis and those whose posts of Sectional Officer, Grade-I, were upgraded to Junior Engineer – Direct recruitment of the Junior Engineers in 2003 – Circulation of tentative seniority list, however its finalization remained pending – During the interregnum 47 posts of Sectional Officer, Grade-I, working in the Department upgraded to Junior Engineer (Class-II Gazetted) and thereafter, seniority list finalized – Appellants- direct recruitees shown in the beginning of the seniority list, however, the respondents who were upgraded as Junior Engineer in 2007 were shown much below – Aggrieved thereagainst, writ petitions filed by the incumbents upgraded as Junior Engineers – Single Judge of the High Court dismissed the same as the Sectional Officer, Grade-I, whose post was upgraded only in 2007 as Junior Engineers could not be treated to be senior to the Junior Engineers, directly recruited in 2003 and the impugned seniority list was upheld – However, the Division Bench set aside the order passed by the Single Judge – Correctness: Held: Division Bench of the High Court totally misdirected itself while examining the 1997 Rules; the date of appointment of the respondents as Sectional Officer, Grade-I and the date * Author 710 [2024] 8 S.C.R. Digital Supreme Court Reports of their regularization as such – Said facts were not of any relevance – Date on which they became members of the cadre of Junior Engineers coming from two different sources is to be considered – Dates on which the Sectional Officer, Grade-I, were promoted as such either on officiating basis or their promotions were regularlised as per the order of 2007 will not have any bearing to the instant case – Even if the Sectional Officer, Grade-I, are treated to be working from the date they were officiating as such, nothing hinges on that as far as the seniority in the cadre of Junior Engineers is concerned – Post of Sectional Officer, Grade-I, on which they were working was upgraded to that of Junior Engineer (Class-II Gazetted) in 2007 – Pay-scales of Sectional Officer, Grade-I, was ₹4500- 7000 and of Junior Engineer was ₹6000-9750, meaning thereby that the respondents were working on a lower non-gazetted post – Division Bench committed blatant error that upgraded Sectional Officer, Grade-I, are directed to be given seniority in the cadre of Junior Engineers from a date on which they were not even born in the cadre as it was only after 2007 upgradation order that they became Junior Engineers, which was much after the direct recruitment made in 2003 – Impugned order passed by the Division Bench of the High Court set aside – Seniority list of the Junior Engineers upheld – Nagaland Engineeing Services Rules, 1997. [Paras 9-16] Case Law Cited State of Uttaranchal and Another v. Dinesh Kumar Sharma [2006] Supp. 10 SCR 1 : (2007) 1 SCC 683 : 2006 INSC 944; P. Sudhakar Rao and Others v. U. Govinda Rao and Others [2013] 13 SCR 540 : (2013) 8 SCC 693 : 2013 INSC 420; Ganga Vishan Gujrati and Others v. State of Rajasthan and Others [2019] 11 SCR 444 : (2019) 16 SCC 28, 2019 INSC 938 – referred to. List of Acts Nagaland Engineeing Services Rules, 1997. List of Keywords Seniority; Post of Junior Engineer on direct recruitment basis; Posts of Sectional Officer, Grade-I, upgraded to Junior Engineer; Tentative seniority list; Direct recruits; Regularization; Promotions; Pay-scales; Lower non-gazetted post. [2024] 8 S.C.R. 711 Mhabemo Ovung & Ors. v. M. Moanungba & Ors. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9927 of 2024 From the Judgment and Order dated 09.09.2021 of the Gauhati High Court in WA No. 4 of 2020 With Civil Appeal No. 9928 of 2024 Appearances for Parties P.S. Patwalia, Ranji Thomas, K N Balgopal, Rana Mukherjee, Sr. Advs., Sudarsh Menon, Shine P. Sasidhar, Manish Kumar Tiwari, Ms. Tatini Basu, Byra
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