GURU S FONDEKAR Vs. MARGAO MUNICIPAL COUNCIL

JUDGEMENT

(1.) THESE petitions raise common questions and, as such, the same were heard together and are being disposed of by common judgment.

(2.) THE petitioners in Writ Petition No. 345/95 are working as Lower Division Clerks in Margao Municipal Council since 6th February, 1989 and were confirmed in the said posts on 23rd November, 1993. Prior to that the petitioners were working as Supervisors and were regularized against the said posts vide Order dated 30th March, 1983. According to them they possess and hold the necessary qualification for being promoted and appointed to the posts of Municipal Inspectors for which the feeder cadre is the post of Lower Division Clerk (L. D. C. ).

(3.) THE petitioners in Writ Petition No. 346/95 were initially appointed as Lower Division Clerks in Margao Municipal Council on 17th July, 1981 and 27th December, 1982, respectively. The petitioner No. 1 was regularized against the said post of L. D. C. on 16th January, 1983 and petitioner No. 2 was confirmed against the said post on 6th May, 1985. Petitioner No. 1 was promoted to the post of Market Inspector vide Order dated 6th February, 1989 and was confirmed in the said post vide Order dated 23rd November, 1993. Petitioner No. 2 was promoted to the post of Market Inspector on probation vide Order dated 6th February, 1989. Petitioner No. 2 had made a representation to the Margao Municipality on 3rd April, 1990, wherein she had requested that she may be posted as Upper Division Clerk (U. D. C.) in the office on the ground that she hails from orthodox Muslim family due to which she did not wish to work as Market Inspector. She had also requested in the said representation that in case she could not be posted as U. D. C. , she may be posted back as L. D. C. by maintaining her seniority in the cadre the President of the Margao Municipal Council reverted the petitioner No. 2 to her original post with immediate effect. On 5th April, 1990, petitioner No. 2 made a representation that one Rosario Furtado was ready to go on mutual transfer as Market Inspector and she could be posted against the post of U. D. C. held by Rosario Furtado. However, by letter dated 8th May, 1990, petitioner No. 2 was informed by the Chief Officer of the Margao Municipal Council that the Recruitment Rules did not permit inter-change and hence her request could not be considered. By Order dated 26th August, 1992, on the recommendation of the D. P. C. , the petitioner No. 2 was once again promoted as Market Inspector on ad-hoc basis, which was subsequently regularized vide Order dated 1st June, 1993.