THELMA GODINHO Vs. STATE OF GOA

JUDGEMENT

(1.) CHALLENGE in this petition, filed by the UDCs (upper divisional clerks) on behalf of selves and other UDCs working in the Collectorate of South Goa, is to the "G.D.D. Group 'C' & 'D' Non-Gazetted and Non-Ministerial Common Posts (Outside the Secretariat) Recruitment Rules, 1986," on the ground that they are arbitrary, illegal and unconstitutional as they do not provide realistic promotional avenues to the said UDCs. Their main grievance appears to be against the Junior Stenographers (respondents Nos.2 to 12), who according to the petitioners have two channels of promotions and as such it is they who gobble up all the posts of the Head Clerks.

(2.) WE have heard Shri Sonak, the learned Counsel on behalf of the petitioners and Shri S.R. Rivonkar, the learned Govt. Advocate on behalf of respondent no.1.

(3.) THE Junior Stenographers (respondents Nos.2 to 12) have joined issue and have confirmed the figure of employees given by the Government, and, have contended that if avenue of promotion for the Junior Stenographers is restricted to Senior Stenographer only, in that case it will be always impracticable to get promotional avenue to the Junior Stenographers and they will stagnate and will have to work as Junior Stenographers till attaining the age of superannuation as the ratio would be 13:1. Similarly, if the same promotional avenue is given to UDCs, the ratio will be 52:10 and there will be total disparity and discrimination to Junior Stenographers. They have also contended that besides doing the work of Junior Stenographers they were entrusted with various other duties of administrative nature. They have further contended that an UDC cannot do the work of the Stenographer whereas the Stenographer can do the work of Stenographer as well as administrative work done by an UDC and in fact the same has also been entrusted to them.