JUDGMENT :

M.S. SONAK, J.

1. Heard learned counsel for the parties.

2. By Order dated 13.01.2020, we had made it clear that an endeavor would be made to dispose of this petition finally at the stage of admission. Accordingly, we issue Rule and further at the request of and with the consent of the learned counsel for the parties make this rule returnable forthwith.

3. The petitioner, who is currently serving as a Junior Engineer (Civil) (JE Civil) in the Electricity Department, Government of Goa challenges the following:

(a) The seniority list of JEs dated 13.05.2019 (impugned seniority list) by which the petitioner (Sanjay) was placed junior to respondent no. 3 (Samir), thereby disturbing the seniority position that had prevailed for last over 21 years.

(b) Order dated 15.11.2019 by which Samir, based on the aforesaid impugned seniority list dated 13.05.2019, was promoted to the post of Assistant Engineer (Civil) (AE Civil) w.e.f. 06.11.2019.

4. In this case, there is no serious dispute on the following facts that are germane for deciding the issues that arise:

(a) On the recommendations of the Departmental Selection Committee (DSC), Samir and Sanjay were appointed as JEs (Civil) on probation for two years in the office of the Chief Electrical Engineer (CEE), Electricity Department w.e.f. 10.03.1997 and 31.03.1997 respectively.

(b) Both Sanjay and Samir were confirmed on 21.12.1999 based on the recommendations of the DPC.

(c) However, in the confirmation order dated 21.12.1999, Sanjay was shown at S. No. 2, and Samir was shown at S. No. 4.

(d) Records establish that Samir did not react to the confirmation order dated 21.12.1999 in which he was shown junior to Sanjay.

(e) The Goa Government (Seniority) Rules, 1967 (seniority rules) provide in Rule 5 how the seniority of direct recruits has to be determined particularly where persons recruited initially temporarily are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment. Rule 5 of the seniority rules reads as follows:

“5. Direct Recruits - Notwithstanding the provisions of rule 4, the relative seniority of all direct recruits shall be determined by the order of merit in which they are selected for such appointment, on the recommendations of the Union Public Service Commission or other selection authority, persons appointed as a result of earlier selection being senior to those appointed as a result of a subsequent selection.

Provided that where persons recruited initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, seniority shall follow the order of confirmation and not the original order of merit.”

(Emphasis supplied)

(f) On 11.02.2002, 05.08.2008, and 12.10.2002 tentative seniority lists of JEs (Civil) were circulated in which Sanjay was consistently shown senior to Samir. On each occasion, objections were invited, but Samir chose not to object.

(g) Accordingly, on 25.03.2002, 03.11.2008, and 30.10.2012, since no objections were received, the tentative seniority lists were finalized showing Samir as junior to Sanjay; There was no reaction from Samir.

(h) Thus, it is quite clear that for almost 11 years Samir did not react to or object to at least three finalized seniority lists in which he was shown as junior to Sanjay. This position continued for a further 9 years i.e. in all almost 20 years.

(i) On 15.03.2019, yet another tentative seniority list of JEs (Civil) was circulated in which again, Sanjay was shown at S. No. 3 and Samir at S. No. 4. This time, after almost 20 years, Samir filed a written objection dated 26.03.2019 objecting to the seniority list in which he was shown as junior to Sanjay.

(j) Based on the aforesaid objection dated 26.03.2019 raised almost 20 years after the inter se seniority positions between Sanjay and Samir we