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.) THE defendants, in their written statement, contended that the plaintiff was not eligible for promotion to the post of Deputy Medical Superintendent as he was not having a Post Graduate degree. It was alleged that the names of the candidates from the Feeder Grade along with required information of the candidates including the name of the plaintiff were forwarded to the Goa Public Service Commission (G.P.S.C) to be placed before duly constituted Departmental Promotion Committee (D.P.C). The G.P.S.C. recommended the name of defendant no. 6 for promotion to the post of Deputy Medical Superintendent. The defendant no. 6 was appointed/promoted on regular basis, as he was the only candidate available and eligible for the promotion in the said post. The name of defendant no. 6 did not figure in the seniority list prepared in the year 1998 because the said list was of Medical Officers and Tisiologists and the defendant no. 6 was already holding a superior post of Deputy Medical Superintendent on regular basis since 1996. The Government had decided to include Medical Officers with teaching duties to be considered for increase in retirement age from 58 to 60 years. Since the plaintiff was not a Medical officer with teaching duties, his request for increase in the age of retirement to 60 years was not considered.