JAIRAM UTTAM GAONKAR DESSAI Vs. STATE OF GOA
LAWS(BOM)-2017-11-420
HIGH COURT OF BOMBAY
Decided on November 20,2017

Jairam Uttam Gaonkar Dessai Appellant
VERSUS
STATE OF GOA Respondents

JUDGEMENT

N.M. Jamdar, J. - (1.) The Petitioners are working as Foreman in the Water Resources Department of the State of Goa. They are working on the same post for more than two decades with no promotional avenue. They have filed this petition making a grievance that the service rules which create such a situation are in breach of Article 14 and 16 of the Constitution of India.
(2.) The Petitioners were appointed as Supervisor (Agricultural Works) sometime in the year 1992. They were appointed to the post of Foreman (Agriculture) thereafter in the same year. The Petitioners worked as Foreman (Agriculture) for some time. They filed a Writ Petition No.187 of 2004 seeking direction to the Respondents to regularise the services and grant them salary and consequently benefits on par with Assistant Agricultural Officer in Directorate of Agriculture. The Writ Petition was disposed of on 30 June 2004 wherein the State informed the Court that the Petitioners services will be regularised as and when vacancies arise. On 18 July 2006, the Chief Engineer issued an order in respect of the Petitioners working on work charge establishment as a regular employee on the post of Foremen (Agriculture). The Petitioners thereafter filed a Writ Petition bearing No.782 of 2008 seeking a direction to the Respondent-State to frame Recruitment Rules in connection with the appointment to the post of Foreman (Agriculture) (Input and Extension Incharge), Soil Survey Incharge and Water Management Specialist. The Petitioners sought a direction that after the Recruitment Rules so framed, they should be granted promotion to the higher post. The Writ Petition was disposed of on 6 January 2009 wherein the State made a statement that Recruitment Rules will be finalised within four months and the claim of the Petitioners will be considered in accordance with the Recruitment Rules so framed.
(3.) Thereafter, in exercise of powers conferred by proviso 309 of the Constitution of India, the State framed Rules to regulate recruitment to the Group 'B' Gazetted, Non-Ministerial posts in the Water Resources Department. The Rules were titled "Government of Goa, Water Resources Department, Group 'B' Gazetted, Non-Ministerial posts, Recruitment Rules, 2010". The post to which the Rules apply was specified to the Schedule to the Rules. The Rules were framed on 22 March 2010 and brought into force from 25 March 2010. These Recruitment Rules governed appointments to Water Management Specialist, Soil Survey Incharge and Credit Incharge. For the Group 'C', in which the post of Foreman (Agriculture) is included, the State framed Rules under proviso to Article 309 of the Constitution of India titled "Government of Goa Water Resources Department Group 'C' Non-Ministerial and Non-Gazetted post Recruitment Rules of 2009". These Rules govern the post of Foreman (Agriculture).;


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