1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 177/2002 Mr. M. K. Bidi, Assistant Conservator of Forests, Presently Posted at South Goa Division, Margao, Goa. ......... Petitioner. Versus 1) State of Goa, through the Chief Secretary, with his office at Secretariat, Panaji, Goa. 2) Secretary (Forests), Government of Goa, Secretariat, Panaji, Goa. 3) Conservator of Forests, Forest Department, Government of Goa, Junta House, Panaji, Goa. 4) The Goa Public Service Commission, through its Secretary, EDC House, Panaji, Goa. 5) Mr. D.N.F. Carvalho, Assistant Conservator of Forests, Presently posted at Department of Conservation of Forests, Monitoring & Evaluation, Forest Department, R.M.S. Hostel Building (Old GMC Campus) Campal, Panaji, Goa. 6) Mr. Francis X. Araujo, Assistant Conservator of Forests presently posted at Legal Cell, Forest Department, 2 R.M.S. Hostel Building (Old GMC Campus) Campal, Panaji, Goa. 7. Mr. Francis Lourdes Coelho, Asst. Conservator of Forests, Residing at H.No.486, Curtorim, Salcete, Goa. ........... Respondents. Mr. S. D. Lotlikar, Senior Advocate with Mr. Ryan Menezes, Advocate for the petitioner. Mr. S. R. Rivonkar, Government Advocate for respondents No.1 to 3. Mr. H. D. Naik, Advocate for respondent No.4. Mr. M. S. Sonak, Advocate for respondent No.5. Mr. C A. Fereirea, Advocate for respondent No.6. Mr. J. A. Lobo, Advocate for respondent No.7. CORAM : S.C. DHARMADHIKARI & R.C. CHAVAN, JJ. Date : 30th August, 2008. ORAL JUDGMENT : (Per DHARMADHIKARI, J.) 1. This is a writ petition filed by the petitioner claiming the following reliefs : i) For a Writ of Mandamus, or any other appropriate Writ, Order or Direction, 3 commanding the respondents Nos. 1, 2 and 3 to forthwith finalize the list of seniority of Assistant Conservator of Forests, after taking into account the objections raised thereto by the concerned officers, including the Petitioner. ii) For a Writ of Quo-Warranto, or any other appropriate Writ, Order or Direction, directing the Respondents No. 1 to 4 to satisfy the Court under what authority the Respondent No. 6 is holding the post of Assistant Conservator of Forests, in the direct recruitment quota; with a further direction that the Respondent No. 6 shall step down from the said post of Assistant Conservator of Forests; In the alternative For a Writ of Certiorari or any other appropriate Writ, Order or Direction quashing and setting aside the Order dated 6/2/1998 regularizing the promotion of the Respondent No.6 with effect from 20/8/1993; iia) For a Writ of Quo-Warranto, or any other appropriate Writ, Order or Direction, directing the Respondents No. 1 to 4 and 6 to satisfy the Court under what authority the Respondent No. 6 is holding the post of Assistant Conservator of Forests, in the direct recruitment quota; with a further direction that the Respondent No. 6 shall step down from the said post of Assistant 4 Conservator of Forests; iib) For a Writ of Quo-Warranto, or any other appropriate Writ, Order or Direction, directing the Respondents No. 1 to 4 and 5 to satisfy the Court under what authority the Respondent No. 5 is holding the post of Assistant Conservator of Forests, in the direct recruitment quota; with a further direction that the Respondent No. 5 shall step down from the said post of Assistant Conservator of Forests; iii) For a Declaration that appointment of the Respondent No.7 to the post of Assistant Conservator of Forests, shall be effective from the date of jointing the Department on completion of his two years training course of Associateship Diploma. iiia) For a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the Office Memorandum No.6-14-2001- 02/FD/409 dated 12/9/02, to the extent that it places the Respondents No.5, 6 and 7 above the petitioner in the list of seniority of Assistant Conservator of Forest, with a consequential direction to the respondents No.1 to 4 to suitably modify the said seniority list, so as to place the petitioner above the respondents 5, 6 and 7 in the list of seniority of Assistant Conservator of Forests in the Department of Forest of the 5 Government of Goa. iiib) for a declaration that paragraph 6.4.4 of the Office Memorandum dated 26/9/90 is illegal, unconstitutional, null and void. iv) Pending the hearing and final disposal of the petition, the petitioner is entitled for an interim order restraining the Respondents nos.1 to 4 from making any promotion to the post of Deputy Conservator of Forests, as also finalizing the list of candidates for induction in the Indian Forest service. 2. However, when the petition was placed for hearing today, Shri Lotlikar, learned Senior Counsel appearing for the petitioner, and Shri Rivonkar, learned Government Advocate in all fairness brought to our notice an Order dated 14/10/2005 issued by the Government of Goa, Forest Department. This order states that on recommendation of the Department Promotion Committee, as convened by Goa Public Service Commission, the Government is pleased to promote the Petitioner from the post of Assistant Conservator of Forests to the post of Dy. Conservator of Forests, Goa General Service, Group “A” Gazetted in the pay scale of Rs.10,000 -15,200, on regular basis. 3. However, this order is issued subject to the outcome of the 6 petitions pending on the issue of seniority, including this petition. 4. Shri Naik appearing for the Goa Public Service Commission informs us that the other petition on the point has been since disposed off. 5. Shri Lotlikar states that in the light of the petitioner's promotion order and further, the petitioner having only a year or so before retiring the only surviving request would be to make the promotion order effective and regular and not subject to the outcome of the petition. He states that in the light of the promotional order, the controversy in the petition would not survive subject, of course, to the petitioner's claim of seniority in the post of Assistant Conservator of Forests. He submits that the claim is made by a representation and nothing has been communicated by the Government with regard thereto. In other words, the petitioner is unaware of the fact as to whether his representation has been considered and disposed off. 6. Although the contesting respondents would urge that the issue of seniority is finalised and cannot be reopened, yet, the learned Government Advocate was unable to point out to us as to how consideration has been done by the State, and whether the petitioner is communicated any orders in that behalf. In such circumstances, while disposing off this petition by observing 7 that the petitioner's promotion order shall be treated as regular and not subject to any petition, including other litigation, we direct that the petitioner's claim for seniority in the post of Assistant Conservator of Forest with effect from 1988 be considered by the State, if not already considered, afresh and within a period of 3 months from today. It is clarified that the State while considering the said claim will also take into account the objections of respondents No.5 and 6 and other similarly placed employees. The objections on being considered, the petitioner must be duly communicated the orders in that behalf, within the above period. 7. The petition is disposed off in the above terms. There shall be no order as to costs. A copy of the order promoting the petitioner is taken on record and marked “X” for identification. S.C. DHARMADHIKARI, J. R.C. CHAVAN, J. ssm.