REENA AFONSO Vs. STATE OF GOA

JUDGEMENT

(1.) ORDINARILY , a petition assailing the judgment of the Tribunal ought be placed for hearing before a learned Single Judge but in view of the prayer Clause (a) seeking for issuance of a writ of mandamus, the petition is taken up by the learned Division Bench for hearing.

(2.) RULE . By consent of parties made returnable forthwith.

(3.) THE Management of the respondent School issued an advertisement on 5th January, 2002, inviting applications for the post of Grade I Teacher in English. The upper age limit (SIC)the said advertisement was said to be 40 years and the qualifications prescribed were MA (SIC) Class in English with B.Ed. On 8th January, 2002, pursuant to the advertisement, the (SIC)tioner applied and was selected. Pursuant to the selection of the petitioner, the offer of appointment was given to the petitioner by the letter of the Management dated 9th January, 2002. In the said offer of appointment, the petitioner was intimated that her appointment was purely on temporary basis till the last working day of the academic year 2001 -2002 as per the NOC received from the Directorate of Education. She was also informed that her appointment was subject to the approval of the Directorate of Education. On receipt of the offer of appointment, the petitioner by her letter dated 10th January, 2002, addressed to the Manager of the R.M.S. Higher Secondary School, refused to accept the offer since the appointment was only till the last working day of the academic year, with no assurance that she would be able to continue in the next academic year. Thereafter, by her subsequent letter dated 11th January, 2002, the petitioner accepted the offer of appointment and withdrew the letter dated 10th January, 2002. The Management, it appears had written to the Directorate of Education seeking approval for filling up the post created on account of the resignation of Mr. Patrick Dias till the end of the academic year 2001 -2002. The NOC accordingly was issued by the Assistant Director of Education (PLG) by letter dated 12th August, 2002.