Sidhanath Bande v. Canacona Municipal Council Thr. Chief Officer And 3 ORS

Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 293 of 2023 SIDHANATH BANDE Vs.

CANACONA MUNICIPAL COUNCIL THR. CHIEF & 3 OTHERS ... PETITIONER ... RESPONDENTS Ms. A. Agni, Senior Advocate with Ms. Afrin Harihar, Advocate for the Petitioner.

Ms. Marie Rosette Pereira, Advocate for Respondent No. 1. Mr. Devidas J. Pangam, Advocate General with Mr. Geetesh Shetye, Additional Government Advocate for Respondent Nos. 2, 3 and 4.

CORAM:

M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATED:

9th AUGUST 2023 ORAL ORDER:

1.

Heard Ms. Agni, the learned Senior Advocate for the Petitioner who appears along with Ms. Afrin Harihar, the learned Advocate General, who appears along with Mr. Geetesh Shetye for Respondent Nos. 2, 3 and 4 and Ms. Rosette Pereira for Respondent No. 1.

2.

The Petitioner seeks a writ of mandamus to direct the Respondents to consider his case for grant of 2nd and 3rd financial up-gradation under the MACP Scheme [7th Pay Commission].

3.

Ms. Agni has placed before us the communication dated 16.05.2023 addressed by the Chief Officer of Respondent No. 1. 4.

The same reads as follows:

"CANACONA MUNICIPAL COUNCIL Canacona - Goa Pin code: 403 702 Telephone No. (0832) 2643358 http://www.goaulbservice.gov.in email:-co-canaconamc.goa@nic.in _________________________________________________ No. CMC/Est. Sec/MACP/2023-24/431 Date: 16/05/2023. To, Adv. Ashwini Agni, Office No.4, 2nd Floor, Navelkar Trade Centre, Opp Azad Maidan, Panaji Goa.

Sub:- Grant of Financial Up-gradation to the Officials of this Municipal Council - Notice regarding.

Ref:- Your Notice dated 12/04/2023 Madam, I am to refer to your Notice dated 12/04/2023 and to inform you that screening Committee meeting was fixed on 22/09/2022 to release of ACP and MACP to the concerned employees including your clients was adjourned. This office again vide letters No. CMC/Est.Sec/MACP/ 2022-23/2717 dtd. 22/11/2022, No. CMC/Est.Sec/MACP/ 2022-23/3482 dtd 23/01/2023 and No. CMC/Est.Sec/MACP/ 2023-23/430 dated 16/05/2023, requested to the Director of Municipal Administration to give convenient date to hold screening Committee meeting to grant financial up gradation under ACP and MACP scheme.

Further, it is also clarified that promoting on next higher post to the concerned employees is in accordance with the availability of vacant posts, Recruitment Rules and Roster maintained by this office.

Yours faithfully, Sd/- (Madhu G. Narvekar) Chief Officer, Canacona Municipal Council, Canacona Goa.

5.

From the above communication, it does appear that the Chief Officer is taking steps for convening the Screening Committee to consider the case of the Petitioner for grant of the financial up-gradation.

6.

Therefore, we direct the Respondents to complete the process of considering the Petitioner's case for a grant of financial up-gradation within three months from today. The Respondents must take the necessary steps and must complete the process in one way or the other within three months and the decision must be communicated to the Petitioner within this period of three months.

7.

The Petition is accordingly disposed of by issuing the above directions.

8.

All concerned to act on an authenticated copy of this Order.

BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

VAIGANKAR ESHA SAINATH Date: 2023.08.10 15:14:57 +05'30'

VAIGANKAR ESHA SAINATH