WOLFANGO PLACIDO FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal arises out of the Judgment and Decree dated 30/8/2005 passed by the learned Ad-hoc Additional District Judge-II, Panaji, in Civil Suit No. 129/2004 (New) or Special Civil Suit No. 134/2000/B (Old), whereby the suit filed by original appellant was dismissed.

(2.) The parties shall hereinafter be referred in the manner in which they appear in the cause title of the said suit. The plaintiff had filed the said suit for following reliefs:

(3.) By order dated 22/11/1978, the plaintiff was appointed as Tisiologist at T. B. Hospital in Goa Medical College, w.e.f 11/8/1972 and from 16/7/1973, he was appointed as ex-officio Medical Superintendent of T. B. Hospital in addition to his own duties. On 31/8/1990, the Government created one post of Medical Superintendent/Project Officer and one post of Deputy Medical Superintendent/Assistant Project Officer in Goa Medical College to be filed on ad-hoc basis. On coming to know about the same, the plaintiff addressed his representation dated 5/9/1990 to the Government for considering him for the post of Deputy Medical Superintendent. However, by order dated 22/11/1990, the defendant no. 6 was appointed to the said post of Deputy Medical Superintendent on ad-hoc basis. There were no Recruitment Rules, in respect of that post, at that time. The Recruitment Rules for the said post were framed on 27/2/1996. There was also no seniority list prepared in the Feeder Grade till then. According to the plaintiff, the defendant no. 6 has been illegally appointed/promoted to the post of Deputy Medical Superintendent on regular basis on 24/5/1996, without preparing the seniority list. The plaintiff alleged that the seniority list was drawn for the first time on 20/4/1998, wherein he stood first in the order of seniority. The plaintiff addressed representations dated 20/8/1999 and 4/11/1999 and thereafter on 14/8/2000, he addressed an application to the Government for voluntary retirement under the Voluntary Retirement Scheme (V.R.S). In that application, he enlisted his grievances and sought for redressal before accepting his retirement. On 20/11/2000, the plaintiff made a representation to the Chief Minister seeking redressal of his grievances. However, by order dated 21/11/2000, the Government accepted the application for voluntary retirement made by the plaintiff without redressal of his grievances and relieved the plaintiff from his duties w.e.f. 1/1/2001. Hence, the suit.