BRAMHANAND M. DESAI Vs. CHIEF ELECTRICAL ENGINEER

JUDGEMENT

(1.) RESPONDENT Nos. 2, 3 and 4 are the State of Goa, Goa Public Service Commission and one U.L. Salunke, Executive Engineer (Civil), Electricity Department respectively. The petitioner has sought a writ to quash the impugned order dated 11 th February, 2005, by which respondent No.4 was promoted to the post of Executive Engineer (Civil) Electricity Department. The petitioner has also sought a writ directing respondent Nos. 1, 2 and 3 to hold a fresh DPC and consider the petitioner for promotion to the said post in accordance with law with effect from 11th February, 2005.

(2.) IT is not necessary to consider all the contentions raised by the petitioner. This petition can be disposed of on one ground alone. It is agreed that the said post is a promotional post; that prior to the appointment of respondent No.4 to the said post, the petitioner and respondent No.4 were Assistant Engineers and that the petitioner and respondent No.4 were entitled to be considered for promotion. It is also agreed that the petitioner and respondent No.4 are Diploma holders. Accordingly, the qualifying service in respect of both of them is 12 years. Lastly, it is also agreed that while considering such candidates for promotion to the said post, clause 6.2.1 of the Guidelines for the D.P.C. Applies. The relevant portion thereof reads as under :