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2022 Supreme(Bom) 572

M.S.SONAK, R.N.LADDHA
Sanjay D. Dhumaskar S/o Shri Dharma Dhumaskar – Appellant
Versus
State of Goa, through Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. A.F. Diniz, Ryan Da Piedade Menezes.
For the Respondents: Ms. Maria Correia, Mr. Sudesh Usgaonkar, Ms. Marie Rosette Pereira, Mr. D. Lawande, Mr. A. Kuncolienkar.

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 recommendatio

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