Case Note & Summary
The petitioner, Shri Krishna B. Naik, was appointed as a Peon (Grade D employee) in Smt. Chandrabhaga Tukoba Naik High School, Curchorem, Goa, on 19/09/1988. He passed his SSC examination in October 1990. On 15/06/1987, the Directorate of Education issued Circular No. 120 laying down Recruitment Rules for non-teaching staff, including the post of L.D.C. cum Librarian, under the Goa School Education Rules, 1986. The petitioner contended that as per the Circular read with Rule 79 of the Rules, Grade D employees were eligible for promotion to the post of L.D.C. cum Librarian. In October 2008, the school advertised the post of L.D.C. cum Librarian in the local newspaper 'Navhind Times' and subsequently appointed respondent no. 5, Shri Eshwar Shiva Naik, on 15/11/2008, with approval from the Directorate of Education on 04/06/2009. The petitioner filed a writ petition seeking a mandamus to withdraw the advertisement, quash the appointment and approval, and direct the respondents to consider his promotion. The court heard arguments from all parties. The petitioner argued that the Circular and Rules mandated promotion from Grade D employees, and the school had bypassed this by directly recruiting an outsider. The respondents contended that the petitioner was not qualified or that the post was to be filled by direct recruitment. The court analyzed the Circular and Rule 79, noting that the Circular explicitly provided for promotion from Grade D employees to the post of L.D.C. cum Librarian. The court held that the school's action in advertising and appointing respondent no. 5 without considering the petitioner for promotion was illegal. The court allowed the petition, quashed the advertisement, the appointment letter of respondent no. 5, and the approval letter, and directed the school to consider the petitioner's case for promotion to the post of L.D.C. cum Librarian in accordance with the Circular and Rules.
Headnote
A) Service Law - Promotion - Grade D to L.D.C. cum Librarian - Circular dated 15/06/1987 read with Rule 79 of Goa School Education Rules, 1986 - The petitioner, a Peon (Grade D employee), claimed promotion to the post of L.D.C. cum Librarian. The court held that the Circular and Rules mandate that promotion from Grade D employees must be considered before direct recruitment. The school's advertisement and appointment of respondent no. 5 were set aside, and the school was directed to consider the petitioner's promotion. (Paras 2-10) B) Education Law - Recruitment Rules - Non-teaching staff - Circular dated 15/06/1987 - The Circular lays down Recruitment Rules for non-teaching staff including L.D.C. cum Librarian. The court interpreted that the Circular read with Rule 79 provides for promotion from Grade D employees. (Paras 3-8) C) Administrative Law - Mandamus - Direction to consider promotion - The court issued a writ of mandamus directing the school to consider the petitioner's case for promotion to the post of L.D.C. cum Librarian in accordance with the Circular and Rules, and quashed the appointment of respondent no. 5 and the approval granted by the Directorate of Education. (Paras 9-10)
Issue of Consideration
Whether the petitioner, a Grade D employee (Peon), is entitled to be considered for promotion to the post of L.D.C. cum Librarian in terms of the Circular dated 15/06/1987 read with Rule 79 of the Goa School Education Rules, 1986, and whether the direct appointment of respondent no. 5 to that post is illegal
Final Decision
The court allowed the writ petition, quashed the advertisement published on 08/10/2008, the appointment letter of respondent no. 5 dated 15/11/2008, and the approval letter dated 04/06/2009, and directed the school to consider the petitioner's case for promotion to the post of L.D.C. cum Librarian in accordance with the Circular dated 15/06/1987 and Rule 79 of the Goa School Education Rules, 1986.
Law Points
- Promotion from Grade D to L.D.C. cum Librarian is governed by Circular dated 15/06/1987 and Rule 79 of Goa School Education Rules
- 1986
- which mandate consideration of eligible Grade D employees for promotion before direct recruitment
