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IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 739 OF 2012

1. Shri Sanjay Rane

major, resident of House No.60,

Madlawada, Rawan,

Poriem, Sattari, Goa, 403505

.... Petitioner

Versus

1. The State of Goa

by Its Secretary (Personnel)

Secretariat, Porvorim, Goa.

2. Director of Agriculture

Directorate of Agriculture

Krishi Bhavan, tonca,

Caranzalem, Goa

3. The Chief Secretary,

Secretariat, Porvorim, Goa

Government of Goa.

.... Respondents

Mr. A. F. Diniz, Senior Advocate with Mr. Ryan Da Piedade Menezes,

Mr. Nigel Fernandes and Ms. Gina Almeida, Advocates for the

Appellants.

Ms. Priyanka Kamat, Additional Government Advocate for the

Respondents No.1 and 3.

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Coram :- M.S. SONAK &

BHARATI DANGRE, JJ.

Reserved on: 2^nd March, 2021.

Pronounced on: 12^th March,2021.

JUDGMENT: (Per BHARATI DANGRE,J)

1.

The petitioner, who was appointed as a 'Field Worker' by an

order dated 22.06.2009, pursuant to the recommendation of the

Departmental Selection Committee on probation for a period of two

years, came to be terminated by an order dated 28.05.2012 issued by the

Director of Agriculture-Respondent No.2. The said order in form of a

notice read as follows:

No.1/22/962/Per-file/2012 -D.Agri/3 & 3

Government of Goa

Directorate of Agriculture,

Krishi Bhavan,

Tonca, Caranzalem, Goa.

Dated :- 28/05/2012.

NOTICE

Notice of termination of service under Rule 5(1) of the

Central Civil Services (Temporary Service) Rules, 1965.

In pursuance of sub-rule (1) of Rule 5 of the Central

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Civil Services (Temporary Service) Rules, 1965, I.S.S.P.

Tendulkar, Director of Agriculture hereby give notice to Shri

Sanjay B. Rane that his services shall stand terminated with

effect from the date of expiry of a period of one month from

the date on which this notice is served on or, as the case may

be, tendered to him.

Sd/-

(S.S.P. Tendulkar)

Director of Agriculture

Station: Tonca, Caranzalem- Goa.

Date : 28/05/2012.

To,

Shri Sanjay B. Rane

Field Worker

C/o. Zonal Agricultural Office,

Bicholim- Goa.

2.

The said notice is impugned in the writ petition and relief is

sought for quashing and setting aside the same and for reinstating the

petitioner in service with all benefits including payment of salary,

revision of pay, increments, etc. with continuity in service. As Relief is

also sought to pay arrears of amount due and payable.

3.

By the order of appointment, the petitioner was appointed

as Field Worker in the pay band of 4440+7400+1300GP and other

₹

allowances, payable from time-to-time and placed in the office of Farm

Superintendent, Kalay. The order dated 22.06.2009 reflect that the

appointment is made against the newly created posts vide order

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No.1/11/Staff/Strength/2009/D.Agri/574 dated 03.02.2009. The

appointment order contained a stipulation to the following effect:"The

appointment is purely on temporary basis. The appointees will be on

probation for a period of two years w.e.f. the date they join the duty."

Pursuant to the said order of appointment, it is not in

dispute that the petitioner joined his duties from 24.06.2009.

4.

The submission advanced on behalf of the petitioner is that

on expiry of a period of two years, the petitioner ceased to be a

temporary employee and he is deemed to be confirmed on the said post

of 'Field Worker'. Accordingly, it is the case of the petitioner that his

name featured in the list of the seniority of Field Workers in the Director

of Agriculture.

On 28/05/2012, the services of the petitioner came to be

terminated by the impugned communication and the petitioner submits

that though the order appears to be innocuous in nature, it is loathed

with penal consequences, since it is not in the form of the order which is

determinative of its character but the foundation of the order will have to

be necessarily