MADHURI V NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. A. D. Bhobe, learned counsel for the Petitioner and Mr. D. Pangam, learned Advocate General alongwith Ms. N. Kholkar, learned Addl. Government Advocate for the Respondents.

(2.) By this petition, under Article 226 of the Constitution of India, the Petitioner seeks a writ of mandamus to regularise her to the post of Works Assistant with effect from 7th July, 2000, on which date, she was in fact regularised in the post of Supervisor in the Public Works Department. It is the case of the Petitioner that she ought to have been regularised in the post of Works Assistant, which is the post she was holding since the year 1996.

(3.) The Petitioner was appointed as a Supervisor in the Public Works Department on 01.05.1990 on Nominal Muster Roll (NMR) basis. It is the case of the Petitioner that she was promoted to the post of Works Assistant in the year 1996. The learned Advocate General submits that the NMR employees are not promoted and therefore, the appointment of the Petitioner as Works Assistant in the year 1996 cannot be treated as some promotion. However, the fact remains that the Petitioner was initially appointed as Supervisor on 01.05.1990 and thereafter appointed as Works Assistant in the year 1996, again, on NMR basis without any interruption or break. In fact, it is the case of the Petitioner that by order dated 21.06.1996, the Executive Engineer redesignated the persons who were qualified the Supervisors on NMR as Works Assistants with effect from 01.06.1996. The name of the Petitioner finds place at serial No.3 of the said order.