JOHN B BRAGANZA Vs. CHIEF JUSTICE; STATE OF MAHARASHTRA; MUSSA AGA; RAUL A FERNANDES; NILIMA N NARVEKAR; ALEXANDRE PERNANDES

JUDGEMENT

(1.) The petitioner holds the the post of Superintendent in the High Court of Bombay, Goa Bench. He has filed this writ petition for a declaration that the appointments of respondent Nos.3 to 6 under an Order dated 20th October, 1982 are purely on ad hoc basis. He has prayed that the posts held by respondent No.3 to 6 should be filled on a regular basis after finalisation of inter se seniority of all the persons eligible for appointments without taking into account the services rendered by respondent Nos.3 to 6 on ad hoc basis. In the alternative, he has prayed for being granted the benefit of the post of Senior Superintendent with the pay-scale of Rs.680-40-1000-50-1250. Respondent Nos.3 to 6 hold the posts of Senior Superintendents in the High Court at Bombay, Goa Bench.

(2.) The relevant facts are as follows: The petitioner was appointed in the year 1961 as Terceiro Official (Third Officer) in the Tribunal de Relacao, which was a court then functioning in the Portuguese territory of Goa. Goa was liberated and became a part of the Indian Territory on 19th December 1961. The Tribunal, however, continued to exist till the year 1963.

(3.) In 1963 the Goa, Daman and Diu (Judicial Commissioner's Court) Regulations, 1963 were enacted. Under these Regulations a Judicial Commissioner's Court was established for the Union Territory of Goa, Daman and Diu. The Regulations were replaced in 1964 by the G.D.D. Judicial Commissioners Court (Declaration as High Court) Act, 1964. Under this Act the Court of Judicial Commissioner was invested with the powers of the High Court as set out in the Act. The powers and functions under Article 229 of the Constitution were conferred on the Court of the Judicial Commissioner. The petitioner continued in service of the Judicial Commissioner's Court at Goa. He was absorbed as an Upper Division Clerk by the Goa, Daman and Diu (Absorbed Employees) Act, 1965 as from 1.2.1966.