Case Note & Summary
The petitioners, five Assistant Commercial Tax Officers in the Department of Commercial Taxes, Government of Goa, filed a writ petition challenging the seniority list published by the respondents. They sought a direction to fix their seniority from the date of their initial appointment on ad hoc basis, rather than from the date of their regularization or continuous service. The petitioners were initially appointed on ad hoc basis between 1986 and 1988, and later regularized after the Goa Public Service Commission conducted selections. The respondents prepared a seniority list based on the continuous length of service as per Rule 5 of the Goa Commercial Tax Service Rules, 1985. The petitioners contended that their seniority should be reckoned from the date of their initial ad hoc appointment, as they had been continuously serving. The court examined the facts and found that the petitioners had not been continuously in service from the date of their initial appointment; there were breaks in their service. The court held that seniority is determined on the basis of continuous officiation and not merely from the date of initial appointment. The petitioners failed to establish that they were continuously in service. The court also noted that the seniority list was prepared in accordance with the rules and there was no arbitrariness. Consequently, the writ petition was dismissed. The court also disposed of the miscellaneous civil application as infructuous.
Headnote
A) Service Law - Seniority - Fixation of Seniority - Rule 5 of the Goa Commercial Tax Service Rules, 1985 - The petitioners challenged the seniority list contending that their seniority should be reckoned from the date of their initial ad hoc appointment. The court held that seniority is to be determined on the basis of continuous length of service and not from the date of initial appointment if there was a break in service. The petitioners failed to demonstrate that they were continuously in service from the date of their initial appointment. (Paras 1-10) B) Service Law - Ad hoc Appointment - Regularization - The petitioners were initially appointed on ad hoc basis and later regularized. The court held that ad hoc service does not count towards seniority unless followed by continuous service without break. The petitioners could not prove continuous service from the date of initial appointment. (Paras 5-8) C) Service Law - Seniority List - Challenge - The court found that the seniority list was prepared in accordance with the rules and there was no arbitrariness. The petitioners' challenge was dismissed. (Paras 9-10)
Issue of Consideration
Whether the petitioners, who were initially appointed as Assistant Commercial Tax Officers on ad hoc basis and later regularized, are entitled to seniority from the date of their initial ad hoc appointment or from the date of their regularization/continuous service.
Final Decision
The writ petition is dismissed. The miscellaneous civil application is disposed of as infructuous.
Law Points
- Seniority fixation based on continuous length of service
- Rule 5 of the Goa Commercial Tax Service Rules
- 1985
- No right to claim seniority from date of initial appointment if not continuously in service
- Principle of continuous officiation
