Domiana Nazareth And 132 ORS., v. State Of Goa Through Its Chief Secretary And ANR.,

Niti

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.380 OF 2014 1.

Kum.Domiana Nazareth of major age, Indian National, presently working as SS&LR, Directorate of Settlement & Land 2.

Shri Pankaj Bandekar, of major age, Indian National, presently working as IS&LR, Directorate of Settlement & Land Records, at Panaji-Goa.

3.

Smt. Maya Kedar Amonkar, of major age, Indian National, presently working as AS&SO, Directorate of Settlement & Land 4.

Smt. Suchitra B. Shanke alias Anisha A.

Matondkar, of major age, Indian National, presently working as IS&LR, Directorate of Settlement & Land Records, at Panaji-Goa.

5.

Shri Anand V. Vaingankar, of major age, Indian National, presently working as IS&LR, Directorate of Settlement & Land 6.

Shri Savio Cajetan Silveira, of major age, Indian National, presently working as IS&LR, Directorate of Settlement & Land 7.

Shri Rajesh Pai Kuchelkar, of major age, Indian National, presently working as IS&LR, Directorate of Settlement & Land 8.

Shri Sudesh Kanhoba Naik Bhaireli, of major age, Indian National, presently working as Supervisor, Directorate of Settlement & Land Records, at Panaji-Goa.

9.

Smt. Vinita Vinayak Kambli, of major age, Indian National, presently working as Supervisor, Directorate of Settlement & Land Records, at Panaji-Goa.

10.

Shri Chetan Chandrakant Jadhav, major age, Indian National, presently working as Supervisor, Directorate of Settlement & Land Records, at Panaji-Goa.

11.

Shri Sandeep Balkrishna Chodankar, of major age, Indian National, presently working as Supervisor, Directorate of Settlement & Land Records, at Panaji-Goa.

12.

Shri Patrick Henderson Gonsalves, of major age, Indian National, presently working as Head Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

13.

Netra M. Gawas, of major age, Indian National, presently working as Head 14.

Shri Babaji Hire Parab, of major age, Indian National, presently working as Head 15.

Manguesh K. Kholkar, of major age, Indian National, presently working as Head 16.

Shri Suraj Surendra Vengurlekar, of major age, Indian National, presently working as Head Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

17.

Smt. Maithili Paresh Sirsat, of major age, Indian National, presently working as Head

18.

Shri Nitin Ravindra Mantri, of major age, Indian National, presently working as Head 19.

Smt. Bharati Shamsundar Hoble alias Smt.

Bharati Ranjan Shirodkar, of major age, Indian National, presently working as Head 20.

Rupali Sandeep Lotlikar, of major age, Indian National, presently working as Head 21.

Prakash Budhaji Naik, of major age, Indian National, presently working as Head 22.

Paresh Ganesh Rivankar, of major age, Indian National, presently working as Head 23.

Jayesh Shrikant Naik, of major age, Indian National, presently working as Head 24.

Shri Sagar Janu Navelkar, of major age, Indian National, presently working as Head 25.

Reshma Ramchandra Dhargalkar, of major age, Indian National, presently working as Head Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

26.

Maria Felicidade Botelho, of major age, Indian National, presently working as Head

27.

Arunkumar Shankar Dhale, of major age, Indian National, presently working as Head 28.

Priti Anand Khandeparkar, of major age, Indian National, presently working as Head 29.

Yogesh Bakulesh Mashelkar, of major age, Indian National, presently working as Head 30.

Dattaprasad Mohan Parab, of major age, Indian National, presently working as Head 31.

Smt. Sujita Bala Parab alias Smt. Digvita D.

Kerkar, of major age, Indian National, presently working as Head Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

32.

Sandeep Surya Gaonkar, of major age, Indian National, presently working as Head Surveyor, Directorate of Settlement & Land 33.

Paresh Purushottam Naik, of major age, Indian National, presently working as Head 34.

Narciva Gurudas Nagvenkar, of major age, Indian National, presently working as Head 35.

Raghunath Chandrakant Prabhu Dessai, of major age, Indian National, presently

working as Head Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

36.

Pratima S. Kavlekar, of major age, Indian National, presently working as Head 37.

Rupali Vasu Page, of major age, Indian 38.

Shilpa Vijay Prabhu Gaonkar, of major age, 39.

Sameer Suresh Kamble, of major age, Indian 40.

Ranjit Shivajirao Patil, of major age, Indian 41.

Nayana Abhay Kerkar, of major age, Indian 42.

Smt. Sonia Parin Naik, of major age, Indian 43.

Yeshwant Gurudas Bicholkar, of major age, 44.

Prasad Sawant Dessai, of major age, Indian

45.

Mrunal Tanbarao Rane, of major age, Indian 46.

Siddhesh Shambhu Naik Tuenkar, of major age, Indian National, presently working as Field Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

47.

Asmita R. Shinde, of major age, Indian 48.

Mahesh Pundalik Khedekar, of major age, 49.

Sachin Yeshwant Chowdhary, of major age, 50.

Savio Candido Francisco Pereira, of major age, Indian National, presently working as Field Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

51.

Sweta A. Pednekar, of major age, Indian 52.

Ramkrishna Vithu Gawas, of major age, 53.

Natesh K. Acharya, of major age, Indian

54.

Vandana R. Potekar, of major age, Indian 55.

Rudy Albuquerque, of major age, Indian 56.

Sandeep G. S. Borkar, of major age, Indian 57.

Siddesh B. Naik, of major age, Indian 58.

Chandrashekhar G. Chari, of major age, 59.

Prabhakar Baburao Patil, of major age, Records, Panaji, Bardez-Goa.

60.

Shivnath Podgo Malik, of major age, Indian 61.

Filipe M. Pinto, of major age, Indian Records, at Panaji -Goa.

62.

Narendra N. P. Agrasani, of major age,

63.

Rajesh K. Bhomkar, of major age, Indian 64.

Clancy Fernandes, of major age, Indian National, presently working as Field Surveyor, Directorate of Settlement & Land 65.

Suchana S. Harmalkar, of major age, Indian 66.

Damodar R. Kannaik, of major age, Indian 67.

Mohammed Ieshad, of major age, Indian 68.

Betty Dourado, of major age, Indian 69.

Mulla Imran Shamshudin, of major age, 70.

Satishkumar Gopi Naik, of major age, Indian 71.

Vinay Madhu Naik, of major age, Indian

72.

Rajesh Dhondu Harmalkar, of major age, 73.

Sweta S. Rao, of major age, Indian National, presently working as Field Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

74.

Vijay Ram Prabhu, of major age, Indian 75.

Sameer D. Fadte, of major age, Indian 76.

Sandeep F. Velip, of major age, Indian 77.

Rahul R. Joshi, of major age, Indian 78.

Vivek A. Bude, of major age, Indian 79.

Shrikrishna G. Sawant, of major age, Indian 80.

Sudesh S. Sawant, of major age, Indian

81.

Rupesh Anant Shirgaonkar, of major age, 82.

Nilesh Gangaram Damekar, of major age, 83.

Harish Pandurang Gawas, of major age, 84.

Anita Laxman Ghadi, of major age, Indian 85.

Shilpa Ganpat Naik, of major age, Indian 86.

Shilpa Ganesh Dessai, of major age, Indian 87.

Shrikant Pundalik Patil, of major age, Indian 88.

Teja Raikar, of major age, Indian National, presently working as Field Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

Gunakar Narayan Sawant, of major age, 89.

90.

Raju A. Shetye alias Korgaonkar, of major age, Indian National, presently working as Field Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

91.

Nitin Manohar Pikulkar, of major age, 92.

Naik Dessai Nitin Anand, of major age, 93.

Jayesh P. Naik, of major age, Indian 94.

Smt. Shruti Parab, of major age, Indian 95.

Paresh Prakash Vengurlekar, of major age, 96.

Nirmala J. Salgaonkar, of major age, Indian 97.

Roque Miranda, of major age, Indian 98.

Sidney Xavier, of major age, Indian

99.

Samir A. Naik, of major age, Indian Shreesha Siddesh Pilgaonkar, of major age, Riyaz Ahmed I. Zamkhandi, of major age, Sandip Sadanand Madelkar, of major age, Manisha Dayanand Jannaik, of major age, Suvarna K. Salgaonkar, of major age, Indian Damu Sada Komarpant, of major age, Swapnil Dadu Sawant, of major age, Indian Luis Miranda, of major age, Indian National, presently working as Field Surveyor,

Directorate of Settlement & Land Records, at Panaji-Goa.

Devendra Surya Gaonkar, of major age, Vanchana S. Naik Dessai, of major age, Sushma Mohan Kolambkar, of major age, Anush Pandurang Chodankar, of major age, Anupa Ashok Raut Dessai, of major age, Sushant Shantaram Chodankar, of major age, Indian National, presently working as Field Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

Swetal Vivek Narvekar, of major age, Indian Suraj Sudhakar Prabhu Dessai, of major age, Vinayak Katambale, of major age, Indian

Pramod T. Naik, of major age, Indian Prakash M. Shet, of major age, Indian Angela P. Araujo, of major age, Indian Purushottam H. Prabhu, of major age, Kiran K. Gawde, of major age, Indian Nilesh L. Paste, of major age, Indian Sanford Dais, of major age, Indian National, presently working as Field Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

Vishwas K. Waradkar, of major age, Indian Jiv N. Velip, of major age, Indian National, presently working as Field Surveyor,

Directorate of Settlement & Land Records, at Panaji-Goa.

Newton Franky D'Silva, of major age, Saeesh Rudraji Desai, of major age, Indian Sameer X. Rajguru, of major age, Indian Flossy F. Fernandes, of major age, Indian Santosh V. Chodankar, of major age, Indian Prashant P. Parvatkar, of major age, Indian Feroz Saiyed, of major age, Indian National, presently working as Field Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

Sandeep Perni, of major age, Indian National, presently working as Field Surveyor, Directorate of Settlement & Land Records, at Panaji-Goa.

....Petitioners

VERSUS

1.

State of Goa, through its Chief Secretary, having office at Secretariat, Porvorim, Bardez-Goa.

The Director of Settlement & Land Records, Government of Goa, Panaji-Goa.

2.

....Respondents Mr. J. Supekar, Advocate for the Petitioners. Mr. Manish Salkar, Government Advocate for the Respondents. CORAM : M.S. SONAK & R.N. LADDHA, JJ.

DATED : 25th JANUARY 2022 ORAL JUDGMENT : (Per M.S. Sonak, J.) 1.

Heard Mr. Supekar, learned Counsel for the petitioners, and Mr. M. Salkar learned Government Advocate for the respondents.

2.

The petitioners complain of an anomaly in awarding them the proper pay scale and emoluments. Therefore, the petitioners made a representation dated 03.07.2006 (Annexure - D, pages 81 to 85 of the paper book) to the Secretary (Finance), Government of Goa. Copies of this representation were marked to several other Authorities.

This was followed by yet another representation dated 05.11.2007 (pages 94 to 99 of the paper book).

3.

Since there was no favorable response, the petitioners made yet another representation dated 08.05.2012 urging inter alia disposal of the earlier representations.

4.

Finally, by the impugned memorandum dated 06.06.2012, the petitioners were informed that their representations cannot be considered since the Government has not constituted an "Anomaly Committee".

5.

The impugned memorandum dated 06.06.2012 reads as follows:

M E M O R A N D U M The Field Surveyors/Head Surveyors and other Technical Staff of this Directorate has made representation regarding upgradation of their Pay Scale. This proposal was forwarded to Government on 08.05.2012.

The Revenue Department vide letter No.26/1/2012/RD/2296 dated 30.05.2012 has now informed that since the government has not formed anomaly Committee the proposal cannot be proceed further at this stage.

6.

From the aforesaid, it is quite clear that the representations of the petitioners were not rejected on merits but were not at all considered on the ground that no Anomaly Committee had been constituted. Thus, there was no rejection of the petitioners' representations on merits, but this was a case of nonconsideration for want of the constitution of an Anomaly Committee.

7.

Mr. Salkar learned Government Advocate, on instructions, states that an Anomaly Committee has been constituted on 31.08.2021 and this Committee will not be averse to considering the petitioners' representations and disposing of the same on their own merits and in accord with the law.

8.

According to us, this petition can be disposed of by now directing the Anomaly Committee to consider all the petitioners' representations and to dispose of the same on their own merits and, in accord with the law, within three months from today. The anomaly Committee is, therefore, directed to consider the petitioners' aforesaid representations and decide whether the petitioners can be granted the salaries/pay scales claimed by them from the date of their respective appointments, which have incidentally been set out in Annexure - A to this petition. 9.

This petition is disposed of with the aforesaid directions. It is clarified that this Court has not examined the matter on merits and, therefore, the Anomaly Committee will have to examine the matter on merits and decide in accord with the law. 10.

Since the representations are to be found in the paper book of this Writ Petition, it is only appropriate that the petitioners furnish an entire set of the paper book in Writ Petition No.380 of 2014 to the Secretary (Finance) within a week from today. The Secretary (Finance) to forward this set to the members of the Anomaly Committee, which can then consider the representations and even consider the petition itself as a representation and dispose of the same within three months from today.

11.

This petition is disposed of in the aforesaid terms. There shall be no orders for costs.

R.N. LADDHA, J.

M. S. SONAK, J.