LAWS(BOM)-2018-7-136

RAMDAS YESSO SALELKAR Vs. STATE OF GOA, THROUGH CHIEF SECRETARY, GOVERNMENT OF GOA, HAVING HIS OFFICE AT SECRETARIAT, PORVORIM, BARDEZ GOA

Decided On July 20, 2018
Ramdas Yesso Salelkar Appellant
V/S
State Of Goa, Through Chief Secretary, Government Of Goa, Having His Office At Secretariat, Porvorim, Bardez Goa Respondents

JUDGEMENT

(1.) The central question in this Writ Petition is what should be the methodology for fixing the zone of consideration for promotion in the Scheduled Tribes category from the post of Junior Engineer ( Electrical ) to Assistant Engineer ( Electrical ) in the services of Electricity Department in the Government of Goa.

(2.) The Petition is filed by eight Petitioners who were working as Junior Engineers in the services of Electricity Department of the State of Goa. The Petitioner No.1 was appointed as Junior Engineer on 10 February 1992; Petitioner No.2 was appointed on 31 March 1997; Petitioner No.3 was appointed on 12 May 1998; Petitioner Nos.4, 5, 6 and 7 were appointed on 16 March 2001, and the Petitioner No.8 was appointed as Junior Engineer on 20 February 2004. All the Petitioners are claiming to be members of Scheduled Tribes. It is their grievance that in spite of working for several years as Junior Engineers and in spite of being eligible in terms of the Recruitment Rules, they were not promoted to the cadre of Assistant Engineer.

(3.) According to Petitioner No.1, he became eligible for promotion as Assistant Engineer on 10 February 1999. According to Petitioner No.2, he became eligible on 31 March 2004. Petitioner No.3 contends that he became eligible on 12 May 2005. It is the case of Petitioner Nos.4, 5, 6 and seven that they became eligible for promotion on 16 March 2008 and that the Petitioner No.8 became eligible for promotion on 20 February 2011.