ANANTHU JAYARAMULU Vs. STATE OF GOA

JUDGEMENT

(1.) By this petition, the petitioner is challenging the promotion of the respondent no. 4-Mr. Jagadish N. Gaunce, as a Driver (Light Vehicle), Goa Medical College, Bambolim, Goa.

(2.) The petitioner is working as a Ward Attendant with Goa Medical College and Hospital (GMCH), Bambolim, Goa. On 22.08.2014, a regular vacancy for the post of Driver (Light Vehicle) arose, which was to be filled in by promotion from the feeder cadre of Class-IV employees. According to the petitioner, he is the senior most candidate in the feeder category, after one Francisco Fernandes. In order to fill the said post, a circular dated 22.08.2014 came to be issued calling for applications for the appointment to the said post from eligible candidates. In response thereto, the petitioner and seven others, who had shown willingness were asked to report the Establishment Section on 25.09.2014 alongwith certain documents for the purpose of conducting a driving test.

(3.) According to the petitioner, the zone of consideration which was in the ratio of 1:5, only permitted five such candidates being called. It is contended that the respondent no. 4, who was 8th in the seniority, could not have been called or considered for the said post. It is thus contended that the competent Authority acted in breach of the guidelines, while fixing the zone of consideration. It is also contended that the relevant guidelines do not permit a vivavoce. It is also contended that the minutes of the meeting of the Departmental Promotion Committee (DPC) would show that the final grading of all the eight candidates was "Good". Thus, the petitioner being senior to the respondent no. 4 ought to have been promoted. It is thus contended that the promotion of the respondent no. 4 is clearly illegal and is in breach of the guidelines.