1 IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO. 942/2010. IN WRIT PETITION NO.792/2008 Ramdas Yesso Salelkar and others. ...... Applicants. V/s. The State of Goa, through Chief Secretary and others. ...... Respondents. Mr. S. D. Lotlikar, Senior Advocate with Mr. H. Kankonkar, Advocate for the applicants. Ms. Sapna Mordekar, Addl. Govt. Advocate for respondents No.1, 2 and 4. Mr. H. D. Naik, Advocate for respondent No.3. CORAM :- S.B. DESHMUKH, & F.M. REIS, JJ. Date :- 23rd February, 2011. P.C. : - We have heard learned Senior Advocate Mr. Lotlikar for the applicants, Ms. Sapna Mordekar, learned Addl. Govt. Advocate on behalf of respondents No.1,2 and 4 and Mr. Naik, learned Advocate for respondent No.3. 2 2. The applicants, who are 8 in number, have approached to this Court with various prayers. The writ petition was filed on 18th December 2008. Prayer clause (A) we have considered. The petitioners have sought a writ against respondent no.4 to withdraw his no objection communicated to respondent No.2 by letter dated 24th October, 2008, to fill up 10 vacant posts of Assistant Engineer (Elect.), reserved for promotion of a candidate belonging to the ST category by general category, subject to backlog vacancies continuing in the subsequent years. During the pendency of the writ petition, with the leave of this Court, prayer clause (BB) by way of amendment has been incorporated. This prayer clause (BB) sought by the petitioners is for issuance of a writ of mandamus, directing respondents No.1 and 2 to consider the case of the petitioners for promotion to the post of Assistant Engineer (Elect.) against 9 vacancies reserved for ST, on ad hoc basis, on the principle of seniority-cum-fitness. This amendment has been incorporated in the writ petition with the leave of this Court on 4.2.2009. 3. We have also seen further amended prayers which are 3 incorporated in the writ petition on 11.2.2009. By amendment prayer (DD), interim relief is sought for, directing respondents No.1 and 2 to consider the petitioners for being appointed to the post of Assistant Engineer (Elect.), on ad hoc basis, on the principle of seniority-cum- fitness, pending the hearing and final disposal of the writ petition. 4. Senior Advocate Mr. Lotlikar appearing for the petitioners submits that the Recruitment Rules have been amended and now published in the Official Gazette, State of Goa. A copy of the Official Gazette published on 20th May, 2010 is made available to us. It is marked by letter “A” for identification. Taken on record. Respondent No.1 is State of Goa and respondents No.2 to 4 are its authority and officers. 5. Turning to the present civil application, we have noticed the nature of amendment sought for by the applicants-petitioners. We have considered the grievance of the petitioners. On behalf of the State of Goa, learned Addl. Govt. Advocate Ms. Mordekar points out the affidavit-in-reply. She vehemently opposes the amendment sought by 4 the petitioners. She took us to Exhibit “A”, page 21 of the application, which is an order dated 19th May, 2008 issued by the Chief Electrical Engineer. According to learned Addl. Govt. Advocate, 89 posts which were created by various orders, have been cancelled in view of the order dated 19th May, 2008. She, therefore, contends that the amendment is not necessary and the same be dismissed. 6. We have recorded the date of filing of the writ petition, as also certain prayers made by the petitioners. In our opinion, number of promotional posts available is one aspect of the matter. Promotional posts are made available in view of the rules framed by the State Government. These Rules have been published in the Official Gazette, which we have recorded in the foregoing paragraph. On the date of the filing of the writ petition, it can be said that the petitioners had no knowledge of the said rules. Whether the Rules are applicable or not is a question to be decided in the writ petition. We do not express any opinion on that issue. By this application, in our opinion, the amendment sought for is on account of subsequent event of publication of the Rules in the Official Gazette by respondent No.1-State of Goa. 5 We are therefore inclined to allow the application. 7. The civil application is, accordingly, allowed and disposed of. The amendment to be carried out within two weeks. Amended copy of the petition to be placed on record and copies thereof to be served to the Counsel appearing for the respective respondents. S.B. DESHMUKH, J. F.M. REIS, J. ssm.