GANPAT R PALNI Vs. STATE OF GOA

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the Petitioners have challenged the order dated 20th August, 2001 issued by the Goa Legislature Secretariat by which the 5th and 6th Respondents have been appointed to the post of Section Officers. The prayer is for quashing the said order. The second prayer is for a Writ of mandamus enjoining the concerned Respondents to fill up the vacancies to the post of Section Officer in accordance with Goa Legislature Secretariat ( Recruitment and Conditions of Service ) Rules, 1988 ( hereinafter referred to as the said Rules ). The third prayer is for a Writ of mandamus directing the concerned Respondents to maintain the seniority rating of the Petitioners over and above that of the 5th and 6th Respondents. The said prayer has been made by way of amendment on the basis of the subsequent events during the pendency of this Writ Petition.

(2.) The first Petitioner was appointed as a Lower Division Clerk in the Goa Legislature Department with effect from 23rd December, 1987. He was promoted to the post of Upper Division Clerk by order dated 3rd May, 1993 on Ad-hoc basis and his promotion was regularised on 8th July, 1994. The second Petitioner was appointed as a Lower Division Clerk in the Goa Legislature Department by order dated 2nd September, 1982. The second Petitioner was promoted to the post of Upper Division Clerk by order dated 1 st June, 1989 on temporary basis. The Petitioner No.2 was promoted as Assistant on Ad-hoc basis by order dated 3rd May, 1993.

(3.) By order dated 8th March, 1995, the posts of Lower Division Clerk and Upper Division Clerk in the Goa Legislature Secretariat were revised as Junior Assistant and Assistant respectively. On the same day, the existing posts of Assistant and Superintendent were designated as Senior Assistant and Section Officer respectively. The Petitioner No.1 was granted promotion on Ad-hoc basis to the post of Senior Assistant on 14th January, 1998 and he was regularised on the said post by order dated 28th August, 2000.