MENINO D SOUZA Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Shri S. D. Lotlikar, learned Senior Advocate appearing for the Petitioner, Mr. D. Lawande, learned Government Advocate appearing for the Respondent no. 1, Mr. Nitin Sardessai, learned Senior Advocate appearing for the Respondent no. 2, Mr. Pangam, learned Counsel appearing for the Respondent no. 3, Mr. Kamat, learned Counsel appearing for the Respondent nos. 9 and 10 and Mr. Amonkar, learned Central Govt. Standing Counsel appearing for the Respondent nos. 18 and 19.

(2.) These Petitions will be disposed of together as common questions of law and fact are involved in this group of cases which can conveniently be disposed by a common Judgment. The facts are taken from Writ Petition no. 482 of 2015 which by consent has been treated as the lead Petition.

(3.) The relief is sought in the above Petition, inter alia, challenging the ranking given to Mr. Arun L. Desai, being Respondent no. 3 herein and Mr. N. D. Agrawal, being Respondent no. 4 herein, in the subject Seniority List vide memorandum dtd. 30/4/2015. The Petitioner also seeks to challenge the select/merit list prepared by the Respondent no. 16 herein which came to be finalised by the Departmental Promotion Committee in the meeting held on 26/11/2004 though selection of promotion of Officers of the Goa Civil Service from Junior Scale to Senior Scale where the Respondent nos. 3 and 4 were placed above the Petitioner in the select/merit list. In connection with the challenge to the select list finalised by the Respondent no. 16 being the competent authority. The Petitioners have pointed out severe irregularities in the decision making process by the Respondent no. 16. But, however, it is to be noted that though in the Order dtd. 29/7/2005, the Respondent nos. 3 and 4 were placed above the Petitioner and as the Petitioner raised objections with that regard, a final Seniority List of Junior Officers of Junior Scale Officers was prepared on 20/6/2006 wherein the Petitioner was placed at serial no. 19 above Respondent no. 3 who was placed at serial no. 23 and the Respondent no. 4 at serial no. no. 30. The tentative Seniority List in respect of Officers from serial no. 50 was circulated by Memorandum dtd. 20/10/2006 so as to make the Seniority List upto date.