SHUBHANGI PHALGAONKAR Vs. PARIMAL RAI

JUDGEMENT

(1.) Stamp Number (Appln.) No.1458/2020 (f) alleges contempt of our Judgment and Order dtd. 18/12/2019 in Writ Petition No.779/2018. Ms. Maria Correia, learned Addl. Govt. Advocate had earlier made a statement that our directions were complied with. However, the matter was adjourned from time to time to enable Mr. Gaonkar, learned Counsel for the Petitioners to verify this position.

(2.) Since there was some dispute, we directed the Respondents to file an affidavit, explaining the compliance. Now, such an affidavit has been filed by Respondent No.4.

(3.) On perusal of the affidavit filed by Mr. Dattaram Sardessai, Director (Administration), Goa Medical College, we find that there is a substantial compliance. The reason why we say the substantial is because in the earlier affidavit filed by Dr. Shivanand Bandekar, Dean of Goa Medical College, there is a reference to the case of original Respondent No.7 in the Petition. Dr. Bandekar's affidavit states that even the appointment of Respondent No.7 was directed by us to be treated as an appointment on ad-hoc basis and there was further direction to consider her case along with others for regular promotion to the post of Ward Sister. The affidavit states that on account of inadvertence/genuine mistake, he failed to bring to the notice of this Court that Respondent No.7 was a ST candidate who came within the extended zone of consideration. Further that the DPC held on 24/7/2017 had already recommended the promotion of the said Respondent No.7 on regular basis.