Prithviraj K. Chavan JUDGMENT
N.M. Jamdar, J.
1. Controversy in this petition pertains to the post of Chief Electrical Engineer in the Electricity Department of Government of Goa. The Petitioner-Laxmikant Kolvekar and Respondent No. 3-N. Neelakanta Reddy are the only two Superintending Engineers in the feeder post for the promotion to the Chief Electrical Engineer. Both of them do not have the requisite experience and are not qualified to be promoted. The Petitioner was appointed on officiating basis to the post of the Chief Electrical Engineer. Thereafter, Respondent No. 3 was appointed on the officiating basis. The Petitioner has challenged this action of the State Government. During the pendency of the present Petition, the Respondent No. 3 superannuated, he was given extensions and the charge of the post of Chief Electrical Engineer was continued. By amending the Petition, the Petitioner has also challenged the orders of extensions.
2. Both, the Petitioner and the Respondent No. 3 are engineers by qualification. Respondent No. 3 joined the services of the Electricity Department of Government of Goa as a Junior Engineer on 25 May 1981. The Petitioner joined the Government service on 1 April 1982 as a Junior Engineer in the Irrigation Department. Respondent No. 3 was promoted as Assistant Engineer in the Electricity Department on 22 June 2000. The Petitioner was rendered surplus in the Irrigation Department, was deployed and joined the Electricity Department as Assistant Engineer on 2 February 2001. By the order dated 30 October 2001, Respondent No. 3 came to be promoted as Assistant Engineer. Both, the Petitioner and Respondent No. 3 continued to work as Assistant Engineers in the Electricity Department. On 4 December 2008, the Petitioner and Respondent No. 3 were promoted as Executive Engineers on regular basis. Having worked as Executive Engineers for almost four years, the Petitioner and Respondent No. 3 were both promoted on ad hoc basis as Superintending Engineers. On 11 June 2015, the Petitioner and Respondent No. 3 were both promoted on regular basis as Superintending Engineers.
3. The next stage in the career of both, the Petitioner and Respondent No. 3, was the promotion to the post of the Chief Electrical Engineer. As per the Government of Goa, Electricity Department, Group 'A', Gazetted Posts, Recruitment Rules, 2011 ("Recruitment Rules" for short) the post of Chief Electrical Engineer has to be filled in by way of promotion from the Superintending Engineers who have completed 5 years of regular service in the grade, failing promotion, the post of the Chief Electrical Engineer has to be filled in on deputation, and failing both, by appointment on short term contract. The period of probation for the post of Chief Electrical Engineer is two years. The Recruitment Rules mandate consultation with the Goa Public Service Commission for making promotions, confirmation, selecting an officer for appointment on transfer on deputation, or short term contract, or for amending and relaxing any of the Rules. The Departmental Promotion Committee is contemplated as Group 'A' DPC which consists of Member of the Goa Public Service Commission as a Chairman, Chief Secretary or his nominee and the Administrative Secretary/Head of Department as a Members.
4. When the post of Chief Electrical Engineer was to be filled in from the Superintending Engineers, the State was faced with a situation that the two Superintending Engineers, that is the Petitioner and Respondent No. 3 did not qualify as they had not completed five years regular service as Superintending Engineer. On 30 July 2015, the Petitioner was appointed on officiating basis as the Chief Electrical Engineer with effect From 1 August 2016. Within a month thereafter, one Mr. Deepak Bhajekar came to be appointed as the Chief Electrical Engineer on deputation from an ........