Bombay High Court at Goa Directs Consideration of Promotion for Store Keeper in Health Services - Petitioner's Case for Senior Store Keeper Post to be Examined Under 1991 Recruitment Rules

High Court: Bombay High Court Bench: GOA
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Case Note & Summary

The petitioner, Kum Shabana Bi Sayyed, was appointed as a Store Keeper (Medical Store Depot) on 3.3.2006 against a clear vacancy in the Directorate of Health Services, Government of Goa. She filed a writ petition seeking a direction to the respondents (State of Goa, Director of Health Services, and Director of Food and Drugs Administration) to consider her case for promotion to the post of Senior Store Keeper under the Government of Goa, Directorate of Food and Drugs Administration, Group 'C', Non-Ministerial, Non-Gazetted post Recruitment Rules, 1991, published in the Official Gazette on 18.4.1991. The petitioner argued that she was eligible for promotion and that the respondents had failed to consider her candidature. The respondents, represented by the Government Advocate, did not oppose the prayer but sought time to consider the matter. The Court, after hearing both sides, directed the respondents to consider the petitioner's case for promotion in accordance with the Recruitment Rules, 1991, and pass appropriate orders within a period of three months from the date of the judgment. The petition was disposed of accordingly.

Headnote

A) Service Law - Promotion - Consideration for Promotion - Recruitment Rules, 1991 - The petitioner, a Store Keeper (Medical Store Depot), sought a writ directing respondents to consider her for promotion to Senior Store Keeper under the Government of Goa, Directorate of Food and Drugs Administration, Group 'C', Non-Ministerial, Non-Gazetted post Recruitment Rules, 1991. The Court held that the respondents must consider the petitioner's case for promotion in accordance with the Recruitment Rules, 1991, and pass appropriate orders within a stipulated time. (Paras 2, 3, 4)

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Issue of Consideration

Whether the petitioner is entitled to consideration for promotion to the post of Senior Store Keeper in the Directorate of Health Services under the Recruitment Rules of 1991.

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Final Decision

The Court directed the respondents to consider the petitioner's case for promotion in accordance with the Recruitment Rules, 1991, and pass appropriate orders within three months from the date of the judgment. The petition was disposed of.

Law Points

  • Promotion
  • Recruitment Rules
  • Consideration of candidature
  • Government service
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Case Details

2017 LawText (BOM) (06) 128

Writ Petition No.676 of 2014

2017-06-12

F. M. Reis, Prithviraj K. Chavan

2017:BHC-GOA:1463-DB

Shivan Desai, Pradosh Dangui

Kum Shabana Bi Sayyed

State of Goa, Director of Health Services, Director of Food and Drugs Administration

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Nature of Litigation

Writ petition seeking direction for consideration of promotion

Remedy Sought

Direction to respondents to consider petitioner's case for promotion to Senior Store Keeper under Recruitment Rules, 1991

Filing Reason

Respondents failed to consider petitioner's candidature for promotion

Issues

Whether the petitioner is entitled to consideration for promotion to the post of Senior Store Keeper under the Recruitment Rules, 1991

Submissions/Arguments

Petitioner argued she was eligible for promotion and respondents failed to consider her case Respondents did not oppose the prayer but sought time to consider the matter

Ratio Decidendi

The respondents must consider the petitioner's case for promotion in accordance with the applicable Recruitment Rules, 1991, and pass appropriate orders within a stipulated time.

Judgment Excerpts

The above petition inter alia prays for a Writ and direction to the respondent nos.1 and 2 to consider the case of the petitioner for promotion to the post of Senior Store Keeper in the Directorate of Health Services in terms of Government of Goa, Directorate of Food and Drugs Administration, Group 'C', Non-Ministerial, Non-Gazetted post Recruitment Rules, 1991, published in the Official Gazette dated 18.4.1991.

Procedural History

The petitioner filed Writ Petition No.676 of 2014 before the High Court of Bombay at Goa seeking a direction for consideration of promotion. The petition was heard on 12th June 2017 and disposed of with directions.

Acts & Sections

  • Government of Goa, Directorate of Food and Drugs Administration, Group 'C', Non-Ministerial, Non-Gazetted post Recruitment Rules, 1991:
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