N.A. Britto, J.

1. Challenge in this Writ Petition is to the order dated 1.4.2002 issued by the Secretary of the Goa Legislative Secretariat.

2. The petitioners joined as L.D.Cs in the then Goa Legislative Department on 23.12.1987 and 2.9.1982 respectively, and, thereafter they were promoted twice. Both became U.D.Cs on 3.5.1993 and 1.6.1989 respectively. By order dated 8.3.1995 their posts were re-designated. Thus U.D.Cs became Assistants. Later, both of them became Senior Assistants on 28.8.2000 and 3.5.1993 respectively and were possibly looking forward to become Section Officers (Superintendents) when the impugned order came to be issued on 1.4.2002 by which two posts of Section Officers, one post of Reporter and two posts of Senior Assistants were surrendered and in their place six posts of Assistants were created. The order impugned in this petition clearly mentions that the creation of six posts of Assistants in the pay scale shown therein would be met from the savings resulted out of surrender of the posts and that there will not be any additional expenditure on account of surrender and creation of posts.

3. The case of the petitioners is that the recruitment and the conditions of their service are governed by the Goa Legislature Secretariat (Recruitment and Conditions of Service) Rules, 1988, which have been made by the Governor of Goa in consultation with the Speaker of Legislative Assembly in exercise of powers conferred by Clause (3) of Article 187 of the Constitution of India. It is their case that the impugned order is arbitrary, illegal and unconstitutional and any creation or abolition of the posts had to be done by the Governor in the exercise of the powers conferred under Article 187 (3) of the Constitution. Further, it is their case that the impugned order adversely reduces their promotional avenues and also changes the conditions of service at the time when they were eligible to the said posts of Section Officers which promotion is denied to them to the next post of Section Officers. Subsequently, both have been promoted on 17.2.2005 to Section Officers, during the pendency of this petition.

4. The Secretary to the now Legislature Secretariat has filed his affidavit, and, has stated that the abolition of any posts or creation of new posts is right of the administration and that by abolition of two posts of Section Officers, the petitioners' service conditions are not changed nor the Recruitment Rules are touched in any manner. He has further stated that the decision to abolish the two posts of Section Officers alongwith one post of Reporter and two posts of Senior Assistants is purely an administrative policy decision which was taken for rationalization of posts considering the requirements of staff in the State Secretariat for efficient carrying of duties in public interest. It is stated that in any establishment, the structure of work force is organized in hierarchical manner in a pyramidal shape where the number of posts in feeder grade is higher than the number of posts in promotional grade, but in case of Goa State Legislature, staffing pattern was uneven, illogical and irrational. The posts in the Goa State Legislature have been set out in para 3 of the affidavit in reply. For the purpose of this petition, it is not necessary to reproduce the same, right now. It is further stated that there were thirteen Junior Assistants in the promotional grade but there were only two posts of Assistants. It is stated that there were seven posts of Senior Assistants in promotional grade. Further, there were ten posts of Section Officers which staffing pattern is an illogical structure. Therefore, policy decision was taken to rationalize the posts and to bring harmony with work load and required posts and thus two posts of Section officers, one post of Reporter and two posts of Senior Assistants were identified for abolition, and in lieu thereof, six posts of Assistants were created without involving an