PRAMOD S NADKARNI Vs. STATE OF GOA

JUDGEMENT

(1.) The petitioners herein, at the time of filing of the petition, were promotees, holding Grade II posts in the Goa Civil Service Cadre. Respondents No.2 to 9 are also holding Grade II posts in the same cadre but their appointment, however, was by direct recruitment. At the time of hearing of this petition, only petitioners No.5 and 6 continue in service. Rest of the petitioners have since retired. Petitioners No.5 and 6 were initially appointed on ad hoc basis as Grade II Officers with effect from 24.5.1984. Those ad hoc promotions were extended from time to time, the last extension being 23.2.1985 for a period of three months. The petitioners herein by order dated 16.5.1985 were promoted along with others on officiating basis in terms of Rule 25 of the Goa, Daman & Diu Rules, 1967 (which hereinafter be referred to as the "Service Rules"). The petitioners have been thereafter promoted as Grade I Officers in the Goa Civil Service, on regular basis with effect from 3.7.1996 along with respondents No.2 to 9 vide Orders dated 3.7.96 and 11.8.96.

(2.) Rules have been framed for appointments to the Goa Civil Service which consisted of two groups - (1) Grade I (Selection Grade) and (2) Grade II. Pursuant to the amendment to the Service Rules, in 1997, the said posts have been re-designated as Junior Scale, Senior Scale, Junior Administrative Grade and Selection Grade. The Service Rules provide the method of recruitment. Under Rule 5, recruitment to the service had to be made in the following manner :

(3.) For the sake of discussion, the dates of appointment of the respondents may be set out as under :