MARIA E MIRANDA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The petitioner challenges in this Writ Petition, inter alia, the letters dated 1st July, 1988 and 11th August, 1988, issued by the Government of Goa. By these letters, the government, in fact, had directed the Management, respondent No.3, to fill up the post which arose consequent upon the retirement of one Mr. D. K. Pai in the school of the third respondent by appointing Miss Jyoti Kamar, who is the fifth respondent herein. Consequently, by Order dated 3.6.1988 read with the Corrigendum dated 4-9-1988, respondent No.5 was absorbed in Graduate Cadre. The petitioner seeks quashing of the said Orders and the Seniority List and also that she be appointed to the said vacancy of D.K. Pai w.e.f. June 1988. A resume of facts for the purpose of disposal of this Petition can be stated as follows :

(2.) The petitioner is having B.Com, B.Ed., qualifications with the subjects of English and History. She was appointed as an Assistant Teacher in the third respondent school on 8th September, 1984 as an Under-graduate Teacher. The respondent No.5 is, admittedly, a Science Trained (Graduate) Teacher. She was appointed on part-time basis as Under-graduate Teacher with effect from 13th July, 1981. Her subjects were Maths and Science. When a regular vacancy of Science (Trained) Teacher arose on 29th July, 1985, the fifth respondent being qualified for that post, was appointed in that post. In 1987, there was a fall in the number of divisions of the third respondent School, particularly in the High School Class and, consequently, the respondent No.5, who was admittedly junior most in the Trained Graduate Teacher Category, had to he retrenched with effect from 9th July, 1987. Again in September, 1987 when one Mr. Umesh Prabhu Gaonkar who was Under-graduate (Arts) Category Teacher resigned, respondent No.5 was accommodated in that vacancy, though she is Science Graduate.

(3.) While so, a vacancy arose in June 1988 consequent on the retirement of Mr. D.K. Pai who belonged to Arts (Graduate) Category. At this point of time, the petitioner who is fully qualified to hold that post became eligible to he promoted to that vacancy. Instead of giving the promotion to the petitioner, as per the impugned letters, the Department has directed the school to fill up the post by absorbing fifth respondent in that post.