Nilesh Onu Shirvoikar., v. Director General Of Police, Govt. Of Goa And 2 ORS.,

1 wp910-19-dt.17-10-19 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.910 OF 2019 Nilesh Onu Shirvoikar, aged 32 years, Indian National, resident of H.No.16/563/2, Near Vithoba Temple, Durgawadi, Taleigao, Tiswadi, Goa.

... Petitioner

Versus

1.Director General of Police, Government of Goa, having office at Police Headquarters, Panaji Goa.

2.Superintendent of Police, Government of Goa, having Office at Police Headquarters, Panaji Goa.

3.State of Goa, Through its Chief Secretary, having office at Secretariat, Porvorim Goa.

... Respondents Mr. Parikshit S. Sawant, Advocate for the Petitioner. Mr. P. Faldessai, Addl. Government Advocate for the Respondents. Coram : M.S. Sonak & Nutan D. Sardessai, JJ.

Date : 17 th October, 2019.

2 wp910-19-dt.17-10-19 Oral Judgment:- ( Per M. S. Sonak, J ) Heard Mr. P. Sawant, learned counsel for the Petitioner and Mr. P. Faldessai, learned Addl. Government Advocate for the Respondents.

2.

Leave to place on record a complete copy of the judgment and order dated 21.08.2019 in Writ Petition No.222 of 2019 and connected matters.

3.

Rule. Rule made returnable forthwith with the consent and at the request of the learned counsel for the parties. 4.

Mr. Faldessai, learned Addl. Government Advocate waives service on behalf of the Respondents.

5.

The learned counsel for the parties are agreed that the issue raised in this petition stands covered by the decision of this Court dated 21.08.2019 in Writ Petition No.222 of 2019 and connected matters.

6.

Accordingly, applying the reasoning in the said judgment and order, we direct the Respondents to issue appointment order to the Petitioner to the post of Police Sub-Inspector in pursuance of the

3 wp910-19-dt.17-10-19 Advertisement No.1/2016 within two months from today, no doubt if the Petitioner is otherwise found to be fit and suitable for such appointment. We make it clear that there is no question of any appointment with retrospective effect and no such claim is even made by the Petitioner in this regard. Accordingly, the appointment is subject to the Petitioner being found to be otherwise fit and suitable, will have to be effective, latest from 01.11.2019. 7.

Rule is made absolute in the aforesaid terms. There shall be no order as to costs.

8.

All concerned to act on the basis of the authenticated copy of this order.

Nutan D. Sardessai, J. M.S. Sonak, J.