A M GANAPATYE Vs. STATE OF GOA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus or any other appropriate writ, order or direction commanding respondents No. 1 and 2 to finalise the seniority list in the cadre of Instructors (Workshop) on the basis of the date of appointment and not the date of confirmation, thereby placing the petitioner appropriately. More particularly, he should be placed as senior to Respondent nos. 3 to 5.

(2.) THE petitioner prays that the above reliefs be granted after this court calls for the record and proceedings pertaining to the communications dated 29. 9. 99 and 8. 3. 2001. The other prayer of the petitioner is in alternate and that is to strike down the adverse remarks for the years 1973-74, 197475, and 1976-77.

(3.) RESPONDENT Nos. 3 to 5 are duly served. We are informed that respondent No. 4 has since expired. Petitioner and Respondent Nos. 3 to 5 have retired from services. Since the issue involves fixation of Notional seniority of the Petitioner and Respondent No. 3 and 5 being in no way affected by the same, we have proceeded to dispose off this petition. It is common ground before us that if the seniority of the petitioner cannot be linked to the date of confirmation in service, then it is not necessary to enter into any larger controversy or deal with the issue of adverse remarks.