R B DESAI Vs. S K KHANOLKER

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel.

(3.) In this appeal the appellants are challenging the judgment of the High Court of Bombay at Goa dated 22nd June, 1998 in Writ Petition No. 223/95. The appellants were respondents Nos. 4 and 5 before the High Court and respondent No. 1 was the writ petitioner. The writ petition was filed contending, inter alia, that by virtue of the ranking assigned to respondent No. 1 in the eligibility list of Range Forest Officers (RFOs.), he was entitled to be promoted to the next promotional post i.e. of ACFs. prior to the date the appellants came to be so promoted. The writ petition was opposed both by the State of Goa as also by the appellants contending that the ranking as found in the eligibility list has no bearing for the purpose of seniority in the cadre of RFOs, from which cadre the promotions are to be made, and that the eligibility list was maintained only for the purpose of reflecting whether the Officers in the cadre of RFOs had acquired the requisite eligibility for promotion or not. It was further contended that once the eligibility is acquired, the promotions will have to be made on the basis of seniority-cum-merit of Officers who are eligible to be promoted, without reference to the date of acquiring the eligibility.