IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 144 OF 2008 Shri Vishwanath Lumo Gaude .... Petitioner V/s State of Goa through Chief Secretary & 4 Ors. .... Respondents Mr. Rohit Bras De Sa, Advocate for the Petitioner. Ms. W. Coutinho, Govt. Advocate for the Respondents. CORAM : SWATANTER KUMAR, C.J. & N.A. BRITTO, J. DATE : 1st April, 2008 ORAL ORDER: We find stand taken by the State is most unreasonable and unfair. It is least expected of an instrumentality of the State to put a selected candidate to repeated litigation. The petitioner admittedly was selected and was higher in merit to the candidates, who have been appointed prior to the petitioner. 2. In the affidavit filed before us today, it is stated that file of the petitioner got mixed up with other files and there was delay in appointing him. It is obviously the fault of the Department, no way attributable to the petitioner. Petitioner obviously has no control over the functioning of the Department of the Government. If carelessness is shown by the Government Departments, a common man cannot be punished for such deeds of the Department. The petitioner had to approach the Court unnecessarily by filing the present Writ Petition and after the petitioner filing of the Writ Petition, the petitioner was granted the appointment and obviously as a result of issuance of notice in the present Writ Petition. Now the Department wants petitioner to file another Writ Petition as clearly stated on behalf of the respondents to claim seniority. This attitude is violative of the constitutional mandate placed upon the Government that it must act fairly and grant to its employees what is due to them in accordance with law. This Writ Petition is disposed of with the direction that the petitioner shall be given his seniority, as expeditiously as possible, and in any event within a period of six weeks. Writ is allowed subject to the payment of Rs. 5,000/- as costs. Costs will be paid to the State Legal Services Authority. CHIEF JUSTICE JUDGE NH/-