NEHA AMEY NAIK PANVELKAR Vs. STATE OF GOA

JUDGEMENT

(1.) The petitioners in this petition are direct recruits appointed as Junior Scale Officers in the Goa Civil Services. The dispute raised in the present petition is in regard to the inter se seniority of the petitioners as direct recruits viz-a-viz respondent Nos.15 to 52 who are the promotees. Respondent Nos.4 to 14 are also direct recruits who are supporting the cause of the petitioners. The petitioners are inter alia aggrieved by the memorandum dtd. 28/01/2020 by which the seniority between such direct recruits and the promotees is purportedly fixed, which according to the petitioners is adverse to the petitioners and not in accordance with the prescribed Rules. Such is the subject matter of challenge as mounted in the petition.

(2.) The petitioners primary contention is that in preparing the impugned memorandum notifying the seniority list, the State Government has not followed the "Goa Government (Seniority) Rules, 1967" and more particularly the requirements of Rule 7 read with the amendment to Rule 7 notified vide Notification date 05/01/1987, whereby a proviso has been added below Note 2 of Rule 7. There are rival contentions in regard to interpretation of Rule 7 along with its amendment. It is appropriate to note Rule 7 of the Seniority Rules and its amendment which reads thus :

(3.) Having noted the broad controversy and the relevant rules, it would be relevant to note the prayers as made in the Writ Petition which reads thus :