Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

Mizoram PSC
13. That, the final seniority list of the senior grade MCS officers was already published on
19.11.2001 and the exclusion of the name of the respondent No.4 from the said final seniority list was
upheld by this Court vide judgment and order dated 04.02.2004 passed in W.P.(C) No.52 of 2002.
Under the above backdrop, the seniority positions of senior grade MCS officers whose names are in
the said final seniority list should not be disturbed without due process of law. It is true that the fixation
and re-fixation of seniority positions of the employees are within the domain of the State Government
but such fixation and re-fixation of the seniority position should not be done arbitrarily, whimsically and
behind the back and knowledge of the other employees if their seniority positions are affected or likely
to be affected by such fixation and re-fixation of the seniority position. In the case in hand, the
seniority positions of the senior grade MCS officers including the petitioners have been affected by the
impugned order which was issued without affording reasonable opportunity of being heard to them.
Hence, this Court is of the view that the impugned order was issued in violation of the principle of
Natural Justice and such action of the State Government amounts to infraction of legal rights of the
petitioners. On this count alone the impugned order cannot stand in judicial scrutiny.
14. That, having regard to the above decisions of the Hon’ble Apex Court and for the reasons
discussed hereinabove, this court is of the firm view that the State Government has committed error in
law in issuing the impugned Notification bearing No.A 32013/9/2001-P&AR(CSW), dated 23.03.2005
and consequently, the impugned Notification is accordingly set aside.
15. In the result, this writ petition stands disposed of. No costs.
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