ALEYAMMA MATHAI ALMEIDA Vs. STATE OF GOA

JUDGEMENT

(1.) Leave granted.

(2.) The appeal arises out of a common judgment dated September 10,2003 by the High Court of Judicature of Bombay (Goa Bench) in two petitions being Writ Petition Nos. 202 and 206 of 1998.

(3.) Shortly stated the facts of the case are that Mrs. Aleyamma Mathai Almeidaappellant herein, was appointed as Assistant Teacher in St. Anthony s High School, Assolna Salcete, Goa in the year 1965. A vacancy of Head Master arose in the said School in 1981. One Mrs. Irane Ferreira, an Assistant Teacher, much junior to the appellant was appointed as the Head Mistress bypassing the appellant s claim to the said post. Aggrieved by the action, the appellant approached the High Court of Bombay, Goa Bench at Panaji by filing Writ Petition No. 56 of 1985 on June 24, 1985 which was admitted. But by the time the petition came up for hearing, Mrs. Ferreira retired from service, the petition became infructuous and rejected accordingly. But again, in view of vacancy for the post of Head Master, the Departmental Promotion Committee ( DPC for short) met to select a candidate for the post of Head Master and one Mr. Conception Almeida-respondent No.4 herein was selected and recommended for the said post vide recommendation dated May 1, 1985. The said respondent No.4 was junior to the appellant. Thus, once again the claim of the appellant was bypassed, presumably on the ground that there were adverse entries in the Confidential Reports of the appelant.