The appointments of the petitioners were not purely ad hoc and continued for a substantial period, making them entitled to the benefit of A.C.P.S.

A.P. Lavande, J.

1. We propose to dispose of all the above Writ Petitions by this common judgment since they involve common questions of law and facts and reliefs sought are the same. Only there are changes in the date of initial appointment and other relevant dates. For the purpose of convenience, the facts which are narrated in Writ Petition no.739/2009 by the petitioner and in the Affidavit-in-Reply filed by respondent no. 2 are briefly stated below.

2. The petitioner has sought the following reliefs:

a. For a writ of Mandamus, a writ in the nature of Mandamus or any other writ, direction or order, commanding the respondents to consider the petitioner for grant of Time Bound Promotional Scale/benefit of Assured Career Progression Scheme considering the service rendered by the petitioner as N.M.R. and/or from 12th March 1991 till 11th March 2003 with effect from 12th March 2003 and for arrears of Time Bound Promotional Scale 2003 till date.

b. For a declaration that the services rendered by the petitioner as work supervisor pursuant to order dated 27/2/91 are regular services and for fixation of the pension of the petitioner considering the services rendered by him with effect from 9/2/1983.

AA. For a writ of Certiorari, a writ in the nature of Certiorari thereby quashing and setting aside the memorandum dated 15/03/2010.

3. Case of the petitioner, in short, is as follows:

The petitioner was initially appointed by the Assistant Engineer, Sub-Division-II, Works Division VII of the then Irrigation Department (now Water Resources department. at Bicholim-Goa, as Supervisor on daily wages and started working as such w.e.f. 09/02/1983. The petitioner continued to work without break as Supervisor till 11/3/1991. By Office Memorandum dated 29/10/1990, the State Government formulated a policy dealing with regularization of NMR/Work Charged Staff in which it was stated that the Government had decided to consider regularization of employees who had completed more than five years of continuous service. The petitioner was not regularized in terms of the said Office memorandum dated 25/10/1990. By notification dated 22/01/1991, the petitioner was directed to attend interview for the post of Works Supervisor in the pay scale of Rs. 800-1150 on regular establishment. The petitioner attended the said interview on 16/02/1991 and was appointed to the post of Works Supervisor vide order dated 27/02/1991, which clearly set out that he was being appointed on recommendations of Departmental Selection Committee on the initial pay of Rs. 800/-in the pay scale of Rs. 800-15-15-1010-EB-20-1150. The petitioner was posted at Works Division XV at Bicholim. The said order further sets out that the same was made on ad-h c basis and would not bestow any claim for regular appointment. From the date the petitioner took charge as Works Supervisor i. e. from 12/03/1991, he continues to work as Works Supervisor till date, though he has been working in different Divisions/Sub Divisions from time to time. In terms of Office Memorandum dated 05/07/1989, Time Bound Promotional Scale (T.B.P.S.. was made applicable to the Goa Government employees who were continuing in the same post for a number of years without promotion. Accordingly, the Government sanctioned T.B.P.S. to Group 'C' and 'D' employees of the State Government w.e.f. 01/06/1989 subject to condition that the employee should have put in at least 12 years of service in the existing post and should possess requisite qualifications for the next higher post and further that the Departmental Promotion Committee should recommend the grant of T.B.P.S.. Vide Office Memorandum dated 09/08/1999, Assured Career Progression Scheme (A.C.P.S.. for Central Government Civil Employees was issued which provided that on completion of 12 years of regular service, the employees of the Groups mentioned therein shall qualify for financial up-gradation and isolated posts which do not have promotional avenues were a