Peter Tremi Passah v. State of Meghalaya and 10 Ors

JUDGMENT AND ORDER

¶1This set of ten writ petitions involving common issue and praying for same relief is taken up together for disposal on being consented by the learned counsels appearing for the parties.

¶2The challenge made by the petitioners in all the writ petitions is against the gradation list dated 22.08.2022, published by the State respondent wherein the names of the private respondents are placed above the petitioners. The principal ground raised by the petitioners is that since they were placed above the private respondents in the select list dated

07.09.2010 prepared in order of merits, their name should have been placed above the private respondents in the gradation list dated 22.08.2022, in terms of Rule 16 (4) of the Meghalaya Civil Service Rules, 1975 (herein after referred to as the MCS Rules).

¶3The relevant facts, as can be derived from the materials on record, is that pursuant to the advertisement dated 22.11.2006 and holding of selection process thereof by Meghalaya Public Service Commission

(MPSC) for recruitment to the Meghalaya Civil Services (MCS), a select list in the descending order of merit was published on 07.09.2010 indicating

a total of 74 successful candidates. Thereafter, initial appointments of 40 candidates were made to the Junior Grade of MCS on 01.12.2010 in accordance with the prevailing reservation criteria and merit. A further 11 candidates were appointed as Junior Grade MPS on 08.12.2010 basing also on the reservation criteria and merits. The validity of the select list dated

07.09.2010 was extended from time to time till 09.05.2012. While the private respondents in the present case were appointed in the year 2010 to the Junior Grade of MCS, all the petitioners came to be appointed to the same post much later in the year 2012 vide notification No. PER.56/1010/293 dated 08.05.2012.

¶4It is contented on behalf of the petitioners that the gradation list dated

22.08.2022 setting out the seniority of the members of the MCS was required to have maintained the seniority that was established through the original merit list dated 07.09.2010. Merely because the private respondents have received appointment earlier in the year 2010 than the petitioners who were appointed in the year 2012, cannot be a valid ground for placing the private respondents above the petitioners in the gradation list. The attempt of the State-respondent to determine seniority on the basis of appointment as opposed to determining seniority on the basis of the original merit list, as required under Rule 16 (4) of the MCS Rules, is against the established norms of law. The decision dated 26.09.2023 passed in WA No.30 of 2023, Smt. Krishpilla T. Sangma v. State of Meghalaya has been placed in support of the above contention.

¶5Per contra, as pointed out on behalf the respondents, it transpires that the question of inter-se seniority between the petitioners and the private respondents stood finally adjudicated by this High Court in the common Judgment dated 10.02.2022 in WP(C) No. 301 of 2018, WP(C) No.302 of 2018 and WP(C) No.306 of 2018 wherein it was specifically held that the 2010 recruits to the entry-level post have to be regarded as senior to the

2012 recruits to the same entry-level post, irrespective of whatever future considerations may arise in determining their cases for promotion to the next level. While coming to the aforesaid conclusion, it was observed in the said Judgement that the examination was one, but appointments were made in several tranches; not as a part of the same recruitment process but under discrete process. The Judgement further held that in 2012 a seniority list was prepared and, in such list, the persons recruited in the year 2010 and the persons recruited in the year 2012 were clubbed together for determination of inter-se seniority among them which was patently absurd and completely without any element of rationality and logic. It was also said in the Judgement that when two sets of appointments are so distinct and different in points of time as in 2010 and 2012, there is no question of apples and oranges being put in the same basket for the inter-se seniority of two distinct classes of persons to be attempted to be ascertained.

¶6There is no dispute to the fact that the petitioner and the private respondents herein were parties to the WP(C) No. 301/302/306 of 2018 and that no challenge was made to the said Judgement dated 10.02.2022 before any higher forum by any of the parties.

¶7The material on record reveals that in terms of the Judgement dated

10.02.2022, a gradation list of the members of the MCS was published and circulated vide notification No. PER.31/2018/151 dated 04.03.2022 by the State respondent by placing the private respondents above the petitioners. Thereafter, the State respondent issued two notifications being Notification No. PER.99/90/Pt.I/181 dated

07.03.2022 and Notification No. PER/99/90/Pt.I/223 dated 28.07.2022 promoting some of the members of the MCS who had been serving in the Junior Grade, including the petitioners and the private respondents herein, to the Senior Grade Time Scale of the MCS by placing the private respondents above the petitioners. The petitioners have not made any challenge to the gradation list dated

04.03.2022 and the above notifications dated 07.03.2022 and 28.07.2022 in the present set of writ petitions.

¶8Rule 23 of the MCS Rules, 1975 requires that the seniority of members of the Service promoted to the Senior Grade Time Scale should be in the order in which their names are arranged by the Selection Board under sub-rule (2) of Rule 22 for the purpose of promotion to that grade. In the present case, there is no grievance raised by the petitioners that the order of names in the notifications of promotion has not been indicated in accordance with sub-rule (2) of Rule 22 or that the gradation list dated

22.08.2022 was not prepared in terms of Rule 23 of the MCS Rules. It is, therefore, clear that the issue raised by the petitioners in the present writ petitions is essentially with regard to the fixation of seniority in terms of Rule 16(4) stemming from the select list dated 07.09.2010, which already stood finally settled by this High Court in the Judgement dated 10.02.2022 rendered in WP(C) No.301/302/306 of 2018. As the decision of a coordinate bench is binding on the subsequent bench, the issue raised by the petitioners cannot be re-agitated before this bench. Any order passed at the instance of the petitioners in the instant matter will have the effect of interfering with the Judgement dated 10.02.2022. The case laws cited on behalf of the petitioners, thus, are of no help to the petitioners.

¶9In view of the above, the writ petitions filed by the petitioners cannot be entertained by this court and the same are hereby dismissed as not maintainable. No costs.

Judge

Meghalaya

28.01.2026 "Shrity,PS" Date: 2026.01.28 15:00:27 IST

Serial No. 02-11 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Date of Hearing: 04.12.2025 WP(C) No.174 of 2024 Date of Decision: 28.01.2026 Smti. Baiantimon Blah Daughter of Late Shri. B. Swer Resident of Wahingdoh Block 3, Shillong-793001, Meghalaya 3. Dr. Twinkle Suhasini R. Marak, MCS Deputy Secretary, Health & Family Welfare Department & Joint Director, Meghalaya Administrative Training Institute (MATI), mawdiangdiang, Meghalaya-793018 4. Dr. Wilford Challang R. Marak, MCS South Garo Hills District, Baghmara 5. Smti. Ripamchi N. Sangma, MCS 6. Shri. Tennystar R. Marak, MCS 7. Smti. Mary Lisa K. Marak, MCS 8. Shri. Raymond Zachary D. Shira, MCS 9. Shri. Nipon Hajong, MCS 10. Shri. Jude Rangkhu T. Sangma, MCS 11. Smti. Winje Rosalie G. Momin, MCS 12. Smti. Prettylisa K. Sangma, MCS 13. Smti. Dimseritha A. Sangma, MCS 14. Smti. Rojalinda D. Shira, MCS 15. Smti. Florina Boro, MCS WP(C) No.175 of 2024 Shri Shanborlang Warjri Son of Shri. G. Speaker Swer, Resident of Umpling, Dongsharum Shillong-793006, Meghalaya 3. Shri. Tennystar R. Marak, MCS 4. Smti. Mary Lisa K. Marak, MCS 5. Shri. Raymond Zachary D. Shira, MCS 6. Shri. Nipon Hajong, MCS 7. Shri. Jude Rangkhu T. Sangma, MCS 8. Smti. Winje Rosalie G. Momin, MCS 9. Smti. Prettylisa K. Sangma, MCS 10. Smti. Dimseritha A. Sangma, MCS 11. Smti. Rojalinda D. Shira, MCS 12. Smti. Florina Boro, MCS New Delhi-110011 WP(C) No.176 of 2024 Shri Ronnieson Wahlang, Son of Shri. P. Warjri Resident of Mawlai Mawroh, Shillong-793008, Meghalaya. 3. Dr. Twinkle Suhasini R. Marak, MCS Deputy Secretary, Health & Family Welfare Department & Joint Director, Meghalaya Administrative Training Institute (MATI), mawdiangdiang, Meghalaya-793018 4. Dr. Wilford Challang R. Marak, MCS South Garo Hills District, Baghmara 5. Smti. Ripamchi N. Sangma, MCS 6. Shri. Tennystar R. Marak, MCS 7. Smti. Mary Lisa K. Marak, MCS 8. Shri. Raymond Zachary D. Shira, MCS 9. Shri. Nipon Hajong, MCS 10. Shri. Jude Rangkhu T. Sangma, MCS 11. Smti. Winje Rosalie G. Momin, MCS 12. Smti. Prettylisa K. Sangma, MCS 13. Smti. Dimseritha A. Sangma, MCS 14. Smti. Rojalinda D. Shira, MCS 15. Smti. Florina Boro, MCS WP(C) No.177 of 2024 Shri. Peter Tremi Passah Son of (L) F. Laloo Resident of mooralong Moomon, near K. Rymbai Petrol Pump, Ladthlaboh, Jowai-793150, Meghalaya. 3. Smti. Mary Lisa K. Marak, MCS 4. Shri. Raymond Zachary D. Shira, MCS 5. Shri. Nipon Hajong, MCS 6. Shri. Jude Rangkhu T. Sangma, MCS 7. Smti. Winje Rosalie G. Momin, MCS 8. Smti. Prettylisa K. Sangma, MCS 9. Smti. Dimseritha A. Sangma, MCS 10. Smti. Rojalinda D. Shira, MCS 11. Smti. Florina Boro, MCS WP(C) No.178 of 2024 Shri. Ferdinand Banteilang Basan, Son of Shri. Silverius Syiemlieh Resident of Mawlai Umshing, Umjapung, Shillong-793022, Meghalaya 3. Dr. Wilford Challang R. Marak, MCS South Garo Hills District, Baghmara 4. Smti. Ripamchi N. Sangma, MCS 5. Shri. Tennystar R. Marak, MCS 6. Smti. Mary Lisa K. Marak, MCS 7. Shri. Raymond Zachary D. Shira, MCS 8. Shri. Nipon Hajong, MCS 9. Shri. Jude Rangkhu T. Sangma, MCS 10. Smti. Winje Rosalie G. Momin, MCS 11. Smti. Prettylisa K. Sangma, MCS 12. Smti. Dimseritha A. Sangma, MCS 13. Smti. Rojalinda D. Shira, MCS 14. Smti. Florina Boro, MCS WP(C) No.179 of 2024 Smti. Dahunlang Veronica Lyngdoh, Daughter of Shri Henry Dominic Lakadong, Resident of Laitkor Rngi, Sohiong A, House No.8, Shillong Meghalaya. 3. Dr. Wilford Challang R. Marak, MCS South Garo Hills District, Baghmara 4. Smti. Ripamchi N. Sangma, MCS 5. Shri. Tennystar R. Marak, MCS 6. Smti. Mary Lisa K. Marak, MCS 7. Shri. Raymond Zachary D. Shira, MCS 8. Shri. Nipon Hajong, MCS 9. Shri. Jude Rangkhu T. Sangma, MCS 10. Smti. Winje Rosalie G. Momin, MCS 11. Smti. Prettylisa K. Sangma, MCS 12. Smti. Dimseritha A. Sangma, MCS 13. Smti. Rojalinda D. Shira, MCS 14. Smti. Florina Boro, MCS WP(C) No.180 of 2024 Shri. Mark Andrew Challam, Lympyngad, Near MSPCB Office, Nongthymmai, Shillong-793014, Meghalaya 3. Shri. Tennystar R. Marak, MCS 4. Smti. Ma