Morung Express News
Dimapur | September 6
In a crucial judgment, the Supreme Court has definitively resolved a long-standing dispute concerning the seniority list of Junior Engineers (JEs) within the Nagaland Public Works Department (NPWD). The Court has ruled in favor of JEs who were directly recruited over those who were promoted from Sectional Officers (SOs), Grade-I.
The ruling, delivered on August 28, 2024, by a Bench comprising Justices JK Maheshwari and Rajesh Bindal, overturns the Division Bench decision of the Gauhati High Court Kohima Bench (GHCKB) and upholds the seniority list issued on March 26, 2018.
Background
The dispute revolved around the 'Final Seniority List' of the JE cadre, which was circulated on March 26, 2018. This list determined seniority based on two key timelines: the date of direct recruitment and the date of upgradation.
In response to the 2018 seniority list, two writ petitions were filed with the GHCKB, challenging the list. Justice Nelson Sailo of the GHCKB dismissed these petitions on February 7, 2020, stating that considering seniority from the date of regularization as SOs, as requested in the petitions, was not "the correct methodology."
Following this, 15 promoted JEs filed a writ appeal with the Division Bench of the GHCKB. On September 9, 2021, the Division Bench ruled in their favor, setting aside the single-judge order and directing the NPWD to refix a new seniority list.
SC’s examination and ruling
Dissatisfied with the Division Bench’s decision, eight directly recruited JEs filed a civil appeal with the Supreme Court, and the State Government also filed a Special Leave Petition against the Division Bench's ruling.
The Supreme Court’s review highlighted that there were two groups of JEs: those directly recruited through the Nagaland Public Service Commission (NPSC) and appointed on May 1, 2003, and those who were upgraded from SOs on October 11, 2007. The Court noted that the pay scale for SOs (Grade-I) was Rs 4500-7000, while for JEs (Class-II Gazetted) it was Rs 6000-9750.
According to the Nagaland Engineering Service Rules, 1997, which govern the JE cadre, "90% of recruitment is to be done by direct recruitment and 10% by way of promotion." The Court observed that before the 2003 direct recruitment, no recruitment had been made to the JE cadre, making any earlier seniority lists irrelevant.
The Supreme Court noted that a tentative seniority list was circulated on May 31, 2004, but it was not finalized. During the interim, 47 SOs were upgraded to JEs on October 11, 2007. The 2018 seniority list was prepared afterward, prompting the SOs-turned-JEs to file writ petitions.
The Court endorsed the single-judge Bench's dismissal of these petitions, emphasizing that the SOs upgraded to JEs in 2007 could not be considered senior to those directly recruited in 2003. It criticized the Division Bench’s decision for focusing incorrectly on the historical dates of SO appointments rather than the relevant dates of entry into the JE cadre.
The Supreme Court found that the Division Bench had committed a “blatant error” by granting seniority to the upgraded SOs from a date when they were not yet part of the JE cadre. The Court stressed that the only relevant consideration was the date on which employees became members of the JE cadre, and this only occurred for the SOs in 2007, long after the direct recruitment in 2003.
Accordingly, the Supreme Court set aside the order passed by the GHCKB Division Bench and upheld the seniority list of the JEs as circulated on March 26, 2018.
