KUM SHABANA BI SAYYED Vs. STATE OF GOA
LAWS(BOM)-2017-6-288
HIGH COURT OF BOMBAY
Decided on June 12,2017

Kum Shabana Bi Sayyed Appellant
VERSUS
STATE OF GOA Respondents

JUDGEMENT

F. M. Reis, J. - (1.) Heard Mr. Shivan Desai, learned Counsel for the petitioner and Mr. Pradosh Dangui, learned Government Advocate for the respondents.
(2.) The above petition inter alia prays for a Writ and direction to the respondent nos.1 and 2 to consider the case of the petitioner for promotion to the post of Senior Store Keeper in the Directorate of Health Services in terms of Government of Goa, Directorate of Food and Drugs Administration, Group "C", Non-Ministerial, Non-Gazetted post Recruitment Rules, published in the Official Gazette dated 18.4.1991.
(3.) Briefly, it is the case of the petitioner that the petitioner was appointed to the post of Store Keeper (Medical Store Depot) somewhere on 3.3.2006 against a clear vacancy in the Directorate of Health Services. It is further her case that the essential qualification for such post was Diploma in Pharmacy and registered or eligible for registration under the Pharmacy Act, 1948. The petitioner fulfilled the requirement and as such, came to be appointed. It was further contended that when the petitioner joined the Directorate of Health Services, the post of Senior Store Keeper was occupied by Ms. Shamlata Dangui. It was further contended that earlier said Ms. Shamlata Dangui was a Store Keeper in the same department where the petitioner came to be appointed in the Directorate of Health Services as she was promoted to the post of Senior Store Keeper from 27.3.2003. Thereafter somewhere on 27.2.2012 said Shamlata Dangui was promoted to the post of Assistant Pharmaceutical Chemist, Group "B" Non-Gazetted post in the Directorate of Health Services and consequently, the post for the Senior Store Keeper (Medical Store Depot) in the Directorate of Health Services, fell vacant. It is further case of the petitioner that the Drugs department in the Directorate of Health Services, was always managed by two employees namely one Store Keeper and a Senior Store Keeper who were attached to Medical Store Depot. It is further her case that as the work of both the posts were substantial/the same both the petitioners as well as the said Shamalata Dangui were sharing work in the Department of Health as they were working in a capacity of a Senior Store Keeper and a Store Keeper in such department. It is further pointed out that the Office of Drugs Controller was part of the Directorate of Health Services, but the Respondents/Government felt that with the rapid social-economic development of the State during the two decades after liberation of the State of Goa the department is to be bifurcated into Directorate of Health Services and Directorate of Food and Drugs Administration and the same was bifurcated by issuing a notification dated 29.11.1990. It is further pointed out that the Recruitment Rules described as Government of Goa, Directorate of Food and Drugs Administration, Group 'C', non-ministerial, non-gazetted posts Recruitment Rules, 1991 came to be enacted wherein there was a patent mistake to the effect that post of Senior Store Keeper was to be filled up in terms of the Recruitment Rules, 1991 by promotion, failing which by direct recruitment. It is also contended that the feeder category for the promotion to the post of Senior Store Keeper was a Store Keeper with five years regular services in the grade and registration as a Pharmacist, under the Pharmacy Act, 1948. It is also submitted that there is no post of Store Keeper in the Directorate of Food and Drugs Administration, and that no such post was ever created or existed in the said Directorate of Food and Drugs Administration. The petitioner contends that on 11.10.2013 she made a representation to be considered for promotion to the post of Senior Store Keeper in terms of the Recruitment Rules, 1991. She further contends that as no favourable action was taken in that regard, the petitioner filed the above petition seeking for the aforesaid relief.;


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