PANAJI: The Goa bench of Bombay High Court while partly allowing the writ petitions challenging the seniority list of the officers of Goa Civil Service (GCS) has not only quashed and set aside the seniority list notified by the state government on April 30, 2015 based on which Sandeep Jacques and Arun Dessai were inducted into Indian Administrative Service but also directed the state government to re-examine and prepare a fresh seniority list in light of its judgment.
The court in its judgment, which is now available on its website, has stated that the impugned seniority list prepared in April, 2015, was contrary to the directions issued by the Chief Minister which clearly directed that such list be prepared by the Chief Secretary.
Stating that though the Principal Secretary/respondent (1A), R K Srivastava, who is currently the acting Chief Secretary, who has prepared the list, was officiating as Chief Secretary for some period, the court has observed that when the impugned list was finalized and when the process was in progress, there was a full time Chief Secretary in place. “On this ground alone the impugned seniority list stands vitiated.”
The High Court judges, who passed the order, have further stated: “On perusal of the observations of Srivastava while preparing the impugned list, we find that the respondent has exceeded his powers while carrying out such exercise as the final seniority list prepared on June 14, 2014, which was duly approved by the government has been overruled, thereby unsettling the government decisions.”
The High Court bench has also stated that apart from that, the court has found that all the contentions raised by the petitioner have not at all been examined by Srivastava, the Principal Secretary. Besides, the reports which were rejected by the government have been relied upon to prepare the seniority list.
“This itself discloses that the impugned seniority list cannot be accepted. Even acceptance by the government of the report of Srivastava does not at all disclose any reason nor considers the objections raised by the petitioners,” the bench of the High Court has observed.
It has also been observed by the court that the petitioners were deprived of being treated equally with the other similarly placed officers who were appointed and thereafter promoted to the senior scale on the same day by the same selection process.
The court has also held that the committee meeting held on November 26, 2004 by the chairman of the Goa Public Service Commission to make recommendations for promotions of the Sandeep Jacques and Arun Dessai to the senior scale officers was in gross violation of the settled guidelines to examine the merit of the concerned officers.
“The fundamental right of equality means that persons in like situations, under like circumstances are entitled to be treated alike. In the present case the recommendations made by the chairman of GPSC are contrary to the guidelines which were bound to be followed, it has resulted in unfairness to the petitioners in the matter of their promotions to higher posts,” the court has stated.
“We have also taken note that the impugned seniority list prepared by Srivastava was not prepared by the Chief Secretary as directed, but by the Principal Secretary. That apart, he has relied upon the recommendations of ‘Parimal Rai Committee’ which were not accepted by the government. Besides, a settled practice of preparing the seniority list of the Goa Civil Service was being altered without any justifiable reason,” the court has stated in its order.
The High Court has held that having relied upon decisions taken based on the recommendations which were contrary to the Goa Civil Service Rules, acceptance of the report of Srivastava was arbitrary and cannot be sustained and deserves to be quashed and set aside. The court also has held that the seniority list notified by the the government on April 30, 2015 deserved to be quashed and set aside, consequently, any action taken based on the said seniority list would have no legal effect.