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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT GOA
M. S. Sonak, Bharat P. Deshpande, JJ.
Hipolito Azavedo & Ors. – Appellants
Versus
State of Goa & Ors. – Respondents
Writ Petition No. 1768 of 2022 (F), Miscellaneous Civil Application NO.386 of 2022, 8 of 2023 (F)
Decided On : 10-01-2023
Writ of Mandamus - Pay Parity for Section Officers - Maharashtra Government Resolution dated 11/02/2013 - High Court of Bombay Order dated 09/08/2016 - Government of Goa Order dated 04/01/2023
Fact of the Case:
The petitioners, Section Officers of this Court, sought a Writ of Mandamus upon the respondents to provide pay parity and benefits in terms of Judgment and Order delivered by the Co-ordinate Bench of this Court at Bombay in Mahendra Rupwate vs. State of Maharashtra & Ors. (Writ Petition No.1013/2015) decided on 09.08.2016, together with all consequential benefits.
Finding of the Court:
The court disposed of the petition with directions for the State Government to consider and dispose of the petitioners' representation on the subject of benefits within a time-bound manner. The court also granted liberty to the petitioners to challenge the decision if not satisfied.
Issues: The issues revolved around the entitlement of Section Officers to pay parity and benefits as per the Maharashtra Government Resolution and the High Court of Bombay Order.
Ratio Decidendi: The court directed the State Government to consider and dispose of the petitioners' representation on the subject of benefits within a time-bound manner and granted liberty to the petitioners to challenge the decision if not satisfied.
Final Decision: The Rule in this Petition is disposed of without making any order for costs. Misc. Civil Applications, if any, do not survive, and the same are also disposed of.
JUDGMENT
M.S. Sonak, J. - Rule. The Rule is made returnable immediately at the request and with the consent of the learned counsel for the parties.
2. Heard Mr Zaveri for the petitioners and Mr D. Pangam, learned Advocate General who appears along with Mr Deep Shirodkar, learned Additional Government Advocate for the respondent-state. Mr S. D. Lotlikar learned Senior Advocate appears along with Mr Shivan Desai for respondents no.3, 4 and 5 and Mr A. D. Bhobe, along with Ms A. Fernandes, appears for the Intervenors.
3. The petitioners, Section Officers of this Court, seek a Writ of Mandamus upon the respondents to provide pay parity and benefits in terms of Judgment and Order delivered by the Co-ordinate Bench of this Court at Bombay in Mahendra Rupwate vs. State of Maharashtra & Ors. (Writ Petition No.1013/2015) decided on 09.08.2016, together with all consequential benefits.
4. The matter was adjourned from time to time to see if the same could be sorted out. Ultimately, the learned Advocate General pointed out that certain meetings were held and decisions arrived at. The learned Advocate General placed on record the order dated 04.01.2023 issued by the State Government extending some benefits to the petitioners.
5. Order dated 04.01.2023 is transcribed below for convenience of reference:
"DEPARTMENT OF LAW & JUDICIARY
LAW (ESATBLISHMENT) DIVISION
Government of Goa,
Secretariat Porvorim-Goa
No.14/06/2018-LD(EStt.)(PF)/33 Dated 04/01/2023
The Section Officers at Mantralaya of Government of Maharashtra were made applicable for the reformed pay scale of Rs. 9300-34800-GP 4800 and Rs. 15600-39100 GP 5400 after regular service of four years, instead of the pay scale of Rs. 9300-34800-GP 4400 also, Rs. 9300-34800 GP 5400 after the service of four years from 1st January, 2006, according to the decision of Maharashtra Government dated 11/02/2013.
The Section Officers of High Court of Bombay, Shri Mahendra F. Rupvate and others filed a Writ Petition No. 1013/2015 at High Court of Bombay at Mumbai for making applicable the revised pay scales to the Section Officers of High Court of Bombay (Appellate Side, Original Side and its Bench Offices at Nagpur, Aurangabad and Panaji Goa) as made applicable to Section Officers of Mantralaya, Government of Maharashtra vide decision dated 11/02/2013. The High Court of Bombay was pleased to pass an Order in the above Writ Petition directing the Government of Maharashtra to make applicable the Government Resolution dated 11th February, 2013, issued by the Finance Department, Mantralaya, Mumbai, to the Section Officers working in the High Court (Appellate Side, Original Side and its Bench Offices at Nagpur, Aurangabad and Panaji Goa) from the date, as it has been made applicable to the Section Officers working in Mantralaya on the basis of parity pay scales between the staff of High Court and staff of Mantralaya of Government of Maharashtra.
As per the order of the Hon'ble High Court of Bombay dated 09/08/2016, the Government of Maharashtra made applicable to the Section Officers of High Court of Bombay (Appellate Side, Original Side and its Bench Offices at Nagpur, Aurangabad and Panaji, Goa) from January, 2006, the same scale which was made applicable to the Section Officers of Mantralaya, Government of Maharashtra vide order dated 11/02/2013.
Now, the Government of Goa is pleased to make applicable the revised Pay Scale of Rs. 9300-34800-GP 4800 and Rs. 15600-39100 GP 5400 after regular service of four years, instead of the pay scale of Rs. 9300-34800-GP 4400 also, Rs. 9300-34800 GP 5400 after the service of four years from 1st January 2006 as the pay fixation to the Section Officers of High Court of Bombay at Goa.
The arrears of pay and allowance between 1st of January, 2006 to 31st January, 2013 should not be given.
The employees under the grade of Section Officers from the Appellate side, Original Side and its Bench Offices at Nagpur, Aurangabad and Panaji, Goa, if retired during the period of 1st January, 2006
AI
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