Case Note & Summary
The petitioner, Anil Barmu Patil, filed a writ petition before the Bombay High Court at Goa challenging the failure of the respondents (State of Goa and Principal Chief Engineer, PWD) to issue an appointment order for the post of Labourer Group 'D' Non-Gazetted on Work-charged Establishment in the Public Works Department. The facts reveal that an advertisement was published on 11/2/2011 inviting applications for 40 posts of Labourer on work-charged establishment. The Departmental Selection Committee conducted interviews and prepared a select list in which the petitioner's name appeared at serial no.30 in the General category. The Government accepted the recommendations, and a memorandum dated 4/11/2011 was sent to the petitioner requiring him to communicate acceptance of the offer for the temporary post. The petitioner accepted the offer. Subsequently, a communication dated 12/12/2011 was sent for medical examination, which the petitioner underwent on 27/12/2011 and was declared fit. Despite this, the respondents did not issue the appointment order. The legal issue was whether the petitioner was entitled to join/continue on the post. The court, after hearing arguments, held that the petitioner was entitled to appointment as per the select list and offer letter. The court allowed the writ petition and directed the respondents to issue the appointment order within a specified period.
Headnote
A) Service Law - Appointment - Work-charged Establishment - Entitlement to join - Petitioner applied for Labourer post advertised by PWD Goa, was selected, issued offer letter, and underwent medical examination - Respondents failed to issue appointment order - Held that petitioner is entitled to appointment as per select list and offer letter (Paras 2-4).
Issue of Consideration
Whether the petitioner is entitled to join/continue on the post of Labourer Group 'D' Non-Gazetted posts on Work-charged Establishment in the Public Works Department of the State of Goa.
Final Decision
The court allowed the writ petition and directed the respondents to issue the appointment order to the petitioner within a specified period.
Law Points
- Entitlement to appointment
- Work-charged establishment
- Temporary post
- Acceptance of offer
- Medical fitness
- Writ jurisdiction
