PANAJI
The Bombay High Court at Goa has directed the Government to fill the post of ‘designated officer’ in the Food and Drugs Administration (FDA) department via internal promotion rather than direct recruitment.
Disposing of a petition filed by one Sanjot Uday Kudalkar, who challenged the decision of the government to advertise for the post that recently fell vacant after the incumbent retired, the High Court ruled that filling the post by direct recruitment when the rules state that of the two posts one needs to be filled by promotion and another by direct recruitment, allowing both to be staffed by people recruited directly would be injustice and against the laws.
Kudalkar was appointed as a "Food Inspector" against a post reserved for Scheduled Caste on 19.01.1994. After completing eight years of service, she became eligible for promotion to the post of Assistant Local (Health) Authority effective from 19.01.2002. She was promoted to the said post only on 29.07.2011, and her services were regularised by an order dated 05.12.2011.
The rules provide that 50% of the vacancies for the posts of "Designated Officers" are to be filled by promotion, failing which by direct recruitment and 50% by direct recruitment. After the rules entered into force, the first vacancy was filled by directly recruiting Richard Noronha, who is presently 34 years old. The promotion of Iva Fernandes filled the second post. Thus, by 2016, the two posts of "Designated Officers" were filled in by one direct recruit and one promotion, that is 50% by direct recruitment and 50% by promotion.
On 31.12.2021, the promotee, Iva Fernandes, recited on attaining the age of superannuation. The Government made a requisition to GPSC to Ell up the resultant vacancy by "Direct Recruitment". Accordingly, the GPSC issued an advertisement dated 11.02.2022. inviting inter alia applications for direct recruitment to the post.
The government opposed the reliefs sought in the petition.
“If the Government's stand is accepted, then the cadre will comprise two directly recruited "Designated Officers". Richard Norohna, as of date, is only 34 years old. The new direct recruit. going by the said rules, will not be over 40 or 45 years old. The petitioner is 53 years old and due to retire on attaining the age of superannuation at 60. Thus, if the Government's stand is accepted, the petitioner cannot even aspire to be considered for promotion to the post of Designated Officer unless, of course, vacancies are caused for some unfortunate reasons or because any of the direct recruits resign or quit from service. Suffice it to note that ordinarily, the petitioner, who is a scheduled caste candidate, would not even be in a position to aspire to be considered for the promotion to the post of "Designated Officer, if the government's stance is accepted,” the High Court ruled.
There are eleven other candidates in the feeder category and considering their age, they would not be ordinarily considered for promotion to the post of ‘Designated Officer’ because, in all probabilities, the tenure of Richard Noronha and the second direct recruit would outlive the tenure of these candidates in the feeder category, the High Court said while restraining the government from filling up the post of designated officer and instead directing the state government to send the necessary requisition to the GPSC within a month from today. “The GPSC must endeavour to complete the process within three months,” the High Court said.
