GANPAT R PALNI Vs. STATE OF GOA

JUDGEMENT

(1.) CHALLENGE in this Writ Petition is to the order dated 1.4.2002 issued by the Secretary of the Goa Legislative Secretariat.

(2.) THE petitioners joined as L.D.Cs in the then Goa Legislative Department on 23.12.1987 and 2.9.1982 respectively, and, thereafter they were promoted twice. Both became U.D.Cs on 3.5.1993 and 1.6.1989 respectively. By order dated 8.3.1995 their posts were re designated. Thus U.D.Cs became Assistants. Later, both of them became Senior Assistants on 28.8.2000 and 3.5.1993 respectively and were possibly looking forward to become Section Officers (Superintendents) when the impugned order came to be issued on 1.4.2002 by which two posts of Section Officers, one post of Reporter and two posts of Senior Assistants were surrendered and in their place six posts of Assistants were created. The order impugned in this petition clearly mentions that the creation of six posts of Assistants in the pay scale shown therein would be met from the savings resulted out of surrender of the posts and that there will not be any additional expenditure on account of surrender and creation of posts.

(3.) THE Secretary to the now Legislature Secretariat has filed his affidavit, and, has stated that the abolition of any posts or creation of new posts is right of the administration and that by abolition of two posts of Section Officers, the petitioners' service conditions are not changed nor the Recruitment Rules are touched in any manner. He has further stated that the decision to abolish the two posts of Section Officers alongwith one post of Reporter and two posts of Senior Assistants is purely an administrative policy decision which was taken for rationalization of posts considering the requirements of staff in the State Secretariat for efficient carrying of duties in public interest. It is stated that in any establishment, the structure of work force is organized in hierarchical manner in a pyramidal shape where the number of posts in feeder grade is higher than the number of posts in promotional grade, but in case of Goa State Legislature, staffing pattern was uneven, illogical and irrational. The posts in the Goa State Legislature have been set out in para 3 of the affidavit in reply. For the purpose of this petition, it is not necessary to reproduce the same, right now. It is further stated that there were thirteen Junior Assistants in the promotional grade but there were only two posts of Assistants. It is stated that there were seven posts of Senior Assistants in promotional grade. Further, there were ten posts of Section Officers which staffing pattern is an illogical structure. Therefore, policy decision was taken to rationalize the posts and to bring harmony with work load and required posts and thus two posts of Section officers, one post of Reporter and two posts of Senior Assistants were identified for abolition, and in lieu thereof, six posts of Assistants were created without involving any additional financial burden and this rationalization of posts was placed before the Board constituted under the Goa Legislature (Recruitment and Conditions of Service) Rules, 1988 and was approved by the said Board and consequently the order dated 1.4.2002 was issued. The posts in the Secretariat after rationalization have been set out in para 4 of the affidavit, and, again we do not propose to reproduce them herein. It is stated that after rationalization also, desired pyramidal structure is not brought about and a further work study will be commissioned to know how many more posts at different levels can be abolished/created and through what methodology the posts can be filled so that the rationalization of the posts in the organization is completed in all perfection for effectively supporting the Goa Legislative Assembly and its various committees and a further rationalization will involve creation of more number of posts and currently, proposals involving additional financial expenditure are not taken up as fresh budgetary proposals are not being finalized by the Government in view of elections round the corner and such proposals will be taken up when a new Assembly and a new Government takes place. In para 6 of the affidavit in reply details of various ad hoc Committees, Standing Committees namely Public Accounts Committee, etc. have been set out and again they are not required to be reproduced herein for the purpose of this petition. It is further stated that consequent upon the creation of six vacancies in the post of Assistants (UDCs) through order dated 1.4.2002, the Department promoted several Junior Assistants (LDCs) to the posts of Assistants (UDCs) who were stagnating in Junior Assistant's posts for periods ranging from ten to thirteen years. Their names have been given in para 11 of the said affidavit. The Department has denied that their action is arbitrary, illegal and unconstitutional or that the Board had no powers to abolish or create posts.