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2013 Supreme(Bom) 851

A.P.LAVANDE, U.V.BAKRE
Raghunath B. Desai – Appellant
Versus
State of Goa, through its Chief Secretary – Respondent


Advocate Appeared:
For the Petitioner:M.S. Sonak, J. Supekar, Advocates.
For the Respondents:A.N.S. Nadkarni, Advocate General with S. Narvekar, Additional Government Advocate.

Judgment :-

U.V. Bakre, J.

By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has sought following reliefs:

a. This Hon'ble Court be pleased to issue an appropriate writ, order or direction, to quash and set aside the Impugned Communications dated 6/12/2004 and 20/12/2004 (ANNEXURE “H” collectively to this Petition);

b. This Hon'ble Court be pleased to issue an appropriate writ, order or direction commanding the Respondents to award the Petitioner benefit of ACPS in terms of Memorandum dated 22/2/2001 with effect from 22/2/2001 or at least 1/6/2001 along with all consequential benefits like arrears, re-fixation of pension, etc.;

c. In the alternative, this Hon'ble Court be pleased to grant the Petitioner re-fixation of the Petitioner's last pay drawn by carrying on the exercise of stepping up of pay under FR 22 or principles analogous thereto, from such date as the Petitioner's juniors were placed in the Pay Scale of Rs. 10000-325-15200, i.e. with effect from 22/02/2001 along with all consequential benefits like arrears, re-fixation of pension, etc.;”

2. Relevant facts are as under:

By order dated 23/01/1965, the petitioner along with


































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