M M C FERNANDES Vs. MORMUGAO PORT TRUST

JUDGEMENT

(1.) Mr. Andhyarujina, learned counsel appearing for the contemners states that the latter had no intention at all to flout and to disobey the orders of this Court and if anything was done that appears to be in violation of the orders of this Court in Writ Petition No. 158/B/82, that was caused by a misunderstanding and misinterpretation of the said judgment. The contemners tender unqualified apologies to this Court and state that the petitioner will be appointed to the post of Assistant Traffic Manager (Commercial) with effect from 1st November, 1985 considering that the D. P. C. which had considered his claim and the claim of the other departmental candidates had not selected him only because it held wrongly that educational qualifications as per the prevailing Rules were to be considered in their cases and also bearing in mind that he is the senior-most Departmental candidate.

(2.) Mr. Rebello, learned counsel appearing for the petitioner, submitted that the contemners should consider also the claim of the remaining departmental candidates as against the second post which was fined in by the respondents Nos. 1 and 2 by appointing the fourth respondent and this should be done in accordance with the 1970 Rules, as ordered by the Division Bench of this Court in the judgment dated 26th April, 1985.

(3.) The respondent No. 2 who is present in Court, personally tendered apologies to this Court and stated that there was never intention on his part and on the part of the Mormugao Port Trust to disobey the orders of this Court. On the contrary, the Port Trust and he personally have the highest regard for this Court and will always comply with its directions and orders.