JUDGMENT

M.S.SONAK,J. - Heard Mr S. D. Lotlikar, learned Senior Advocate who appears along with Mr T. Sequeira and Ms S. Kenny for the Petitioner and Ms Sapna Mordekar, learned Additional Government Advocate for the State.

2. Based on the pleadings in the petition and the responses filed on behalf of the respondents, it is evident that from at least the year 1998, the Petitioner was engaged in the office of the Commissioner of Commercial Taxes, Government of Goa, to do the work of cleaning and sweeping of the office premises and the cleaning of the toilets. Though there is no formal appointment or engagement order, there is sufficient documentary evidence through muster rolls and payment vouchers to establish such engagement.

3. In the affidavit in reply dtd. 4/5/2018 filed by Shri Deepak Bandekar, Commissioner of Commercial Taxes, in Writ Petition No.867/2017, the affiant admitted this position. The record also shows that the Petitioner was initially paid an amount of Rs.6,00.00 per month, which was revised at some later point to Rs.3,000.00 per month. Such payments were made from the contingent fund or office expenses against the receipts/vouchers. At the time of Petitioner's initial engagement, she was about 38 years old. By the time her engagement was discontinued at her request, she was 63 years old.

4. In the last three to four years before her disengagement, i.e. since the financial years 2013-2014 and 2014-2015, the Petitioner was paid an amount of Rs.4,500.00 per month and during the financial years 2015-2016 and 2016-2017, the Petitioner was paid Rs.4,950.00 per month. All these orders are a part of the record. Additionally, they are reflected in the affidavit dtd. 4/5/2018 filed by the Commissioner of Commercial Taxes in Writ Petition No.867/2017 instituted by the Petitioner earlier.

5. The Petitioner's Writ Petition No.867/2017 was disposed of by Order dtd. 10/7/2018 with directions to the State Government to consider Petitioner's representation for regularization within eight weeks. By a further order dtd. 21/6/2018, it was clarified that this Court had not decided the rival contentions and instead, left these to be decided when the Petitioner's representation was to be considered by the State Government. Accordingly, it was clarified that the issues raised in Writ Petition No.867/2017 were left open and not concluded.

6. The Petitioner's representation was, however, rejected vide memorandum dtd. 20/12/2018. The reason for rejection was Petitioner's engagement of over 26 years was neither contractual nor was she a Nominal Muster Roll (NMR) employee. The memorandum asserted that the Petitioner was engaged to clean and sweep the office premises and the toilets attached to the Commercial Tax Office, Margao Ward. She was paid every month out of the contingent funds from the office expenses of the Commercial Tax Office, Margao Ward. Additionally, the memorandum asserted that the Petitioner was never paid any amount from the salary head. Finally, the memorandum states that the earlier office memorandum dtd. 7/6/2000 that permitted regularization applied to the employees who had completed five years of continuous service as NMR/Daily Wages and the Petitioner was neither; she could claim no benefits of this office memorandum.

7. After the rejection of her representation vide memorandum dtd. 20/12/2018 by the Assistant Commissioner of Commercial Taxes with the approval of the Commissioner of Commercial Taxes, the Petitioner instituted the present petition seeking inter alia relief of regularization and all service benefits.

8. The Petitioner's grandmother Mrs Filomena Almeida Gomes, in almost identical circumstances, had instituted Writ Petition No.166/1997, complaining that she too was engaged in the office of the Mamlatdar of Salcete, Margao Goa as a sweepercum-cleaner since 1970 against payment of meagre amounts. This Writ Petition No.166/1997 was disposed of by a detailed Judgment and Order dtd. 13/1/2000 passed by the Divisio