JUDGMENT :

1. In this batch of Writ Petitions, there are five petitioners. All joined the Forest Department of the State of Goa in the cadre of Forest Surveyor. All have held a diploma. In the end, all but one have retired as the Chief Forest Surveyors, the promotional post. During their career, the petitioners applied for and were given the benefit of Assured Career Progression Scheme (ACPS).

2. Under ACPS, the petitioners were, in fact, given two upgradations, for their entitlement to upgradation had never been in dispute. Indeed, the dispute concerns the scale of pay that should be taken as the basis for the upgradation. Though the Government twice provided the upgradation to the petitioners, it was not at the scale they desired. So the Government referred the matter to the Ombudsman. On 15th March 2010, the Ombudsman recommended in the petitioners' favour.

3. But the Government refused to act on the Ombudsman's representation; it rejected the recommendation on the premise that the Ombudsman lacked power to recommend on an issue affecting the pay scale. Aggrieved, the petitioners have filed this Writ Petition.

4. As a matter of later development, pending these Writ Petitions, the Go