BABY ANUMANTA CHANDAWA Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD Mr. S. M. Walwaikar and Mr. J. Godinho, learned Counsel for the petitioners and Mr. A. N. S. Nadkarni, learned Advocate General on behalf of the respondents.

(2.) BOTH the above petitions are being disposed of by this common judgment since issues involved and the reliefs claimed in both are the same.

(3.) THE petitioners belong to the reserved category of Scheduled Castes. The petitioners joined Goa Medical College as Staff Nurses. The petitioner of Writ Petition No. 237/2006 joined on 01/06/1993 whereas that of Writ Petition No. 238/2006 joined on 06/08/1996. Both were promoted to the post of Ward Sister against substantive vacancies reserved for Scheduled Castes, on recommendation of Departmental Promotion Committee (D.P.C.), following the judgment of this Court in the case of "Mr. Ashok Redkar and two others Versus State of Goa and 37 Ors "(Writ Petition No. 272/1996). The above promotions were challenged by one Eliza Rodrigues and others in Writ Petition No. 244/2001 on various grounds. Said Writ Petition No. 244/2001 was withdrawn in view of the affidavit filed by the Government stating that they have decided to hold review D.P.C. as per the norms applicable at the relevant time. However, respondent no. 2 revoked the promotion of the petitioners without holding the D.P.C. The petitioners filed Writ Petitions No. 306/2005 and 307/2005 respectively, thereby challenging the order of reversion. By order dated 12/09/2005, said Writ Petitions No. 306/2005 and 307/2005 were disposed of by observing that if the promotions are given by review D.P.C. and if the petitioners are aggrieved by such decision, then, the petitioners can challenge such decision in accordance with law. The petitioners then filed Writ Petitions No. 421/2005 and 422/2005, respectively. As a result of the order passed in the above Writ Petitions, review D.P.C. met on 20/12/2005. By memorandum dated 10/01/2006, the petitioners were intimated that the review D.P.C. which met on 20/12/2005, arrived at a conclusion that the petitioners are not falling within the extended zone of consideration in terms of Office Memorandum (O.M.) No. 22011/1/90-Estt. (D) dated 12/10/1990 and O.M. No. 22011/1/90-Estt (D) dated 22/4/1992 read with O.M. No. 22011/1/02-Estt (D) dated 15/11/2002 and as advised by Government of Goa, Directorate of Social Welfare, Panaji vide letter No. 61-2-2003-BC/(30)3105 dated 02/12/2005 and, therefore, they are not considered for promotion. By letters dated 24/01/2006, the petitioners requested the Dean, Goa Medical College to furnish the details i.e. the names of candidates/Staff Nurses selected, if any, by the review D.P.C. held on 20/12/2005 for promotion to the post of Ward Sister; whether any order of promotion, if any, issued in favour of the candidates selected by the said review D.P.C.; and whether the selection process was undertaken by complying with the mandate of the law as laid down by the High Court, Panaji Bench in the judgment dated 25/09/1998 in the case of "Mr. Ashok Redkar and two others Versus State of Goa " in Writ Petition No. 272/1996. By reply dated 10/02/1996, respondent no. 2 informed the petitioners that the matter of promotion has been decided, inter alia, by following the judgment dated 25/09/1998 passed in the said Writ Petition no. 272/1996.