Debbie Fernandes v. State Of Goa Thr. Chief Secretary And 3 ORS

vinita

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.791 OF 2025 (F) WITH WRIT PETITION NO.1257 OF 2023 (F), WRIT PETITION NO.23 OF 2015, WRIT PETITION NO.56 OF 2020, WRIT PETITION NO.108 OF 2023, WRIT PETITION NO.1537 OF 2025 (F) CIVIL APPLICATION NO.791 OF 2025 (F) NAKUL P. MHAMAL ... APPLICANT

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STATE OF GOA, THR. THE CHIEF SECRETARY AND 5 ORS ... RESPONDENT WITH WRIT PETITION NO.1257 OF 2023 (F) PIEDADE SOARES AND 19 ORS ... PETITIONERS

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STATE OF GOA THROUGH ITS CHEIF SECRETARY AND 5 ORS ... RESPONDENTS WITH WRIT PETITION NO.23 OF 2015 SHIRLEY SUZAN DINIZ E FERNANDES AND 4 ORS.

... PETITIONER

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BRACKISH WATER FISH FARMERS DEVELOPMENT AGENCY (BFDA), THR.

ITS CHIEF EXECUTIVE OFFICER AND 2 ORS.

... RESPONDENT WITH WRIT PETITION NO.56 OF 2020 TRIMBAK DAMU PHADTE., ... PETITIONER

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STATE OF GOA, THR. CHIEF SECRETARY AND 2 ORS., ... RESPONDENTS WITH WRIT PETITION NO.108 OF 2023 DEBBIE FERNANDES ... PETITIONER

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STATE OF GOA THR. CHIEF SECRETARY AND 4 ORS ... RESPONDENTS

WITH WRIT PETITION NO.1537 OF 2025 (F) DEBBIE FERNANDES ... PETITIONER

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STATE OF GOA, THR. THE CHIEF SECRETARY AND 4 ORS ... RESPONDENTS Mr S. D. Lotlikar, Senior Advocate with Mr. Terence Sequeira,Ms S. Kenny, Mr S. Sawant, Advocate for the Applicant in CA No. 791 of 2025 (F) and for petitioners in WP 1257/2023/F. Ms A. Agni, Senior Advocate with Ms A. Harirhar and Mr. Junaid Shaikh, Advocate for Petitioner in WP No. 56 of 2020. Mr. Shivan Desai with Ms. Riya Amonkar, Mr J. GeorgeAdvocates for the Petitioner in WP No. 108 of 2023 and WP 1537/2025/F. Mr. Parikshit Sawant, Advocate for the Applicant in CA No. 876 of 2025 (F).

Mr. Prashil Arolkar, Additional Government Advocate for Respondent Nos. 1 to 4 in CA No. 791 of 2025 (F). Mr. Manish Salkar, Government Advocate for Respondent No. 5 in WP1257/2023/F and for all respondents in WP 56/2020. Mr. Neehal Vernekar, Additional Government Advocate for Respondent Nos. 1, 2 and 3 in WP No. 108 of 2023. Ms. Simone Maria Correia, Additional Government Advocate for Respondent No. 4 in WP No. 108 of 2023.

Mr. Deep Shirodkar, Additional Government Advocate for Respondent Nos. 2 and 3 in WP No. 23 of 2015. CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 5th August, 2025 P.C.

In the connected Writ Petitions, involving employees of Fish Farmers Development Agency, the petitioners seek extension of VIth pay commission and there is also an issue about of age of superannuation in respect of its employees along with the benefit of

pension and other post-retirement benefits, that is the reason we have clubbed the petitions together and directed their listing today.

2. The learned Addl. Govt. Advocates representing the State in the aforesaid petitions, however, are under instructions from the Directorate of Fisheries that a policy decision in regard to the employees of the development agency is under active consideration of the Government, in continuation of the earlier decisions that has been taken and therefore, a brief accommodation is sought on behalf of the government.

Prayer is strongly opposed by learned Senior counsel Mr Lotlikar, Ms Agni and learned counsel Mr Desai representing the petitioners, as it is contended by them that in the past also on various occasions, proposals received positive response at the end of government but for short of its implementation.

3. In the interest of justice, we deem it appropriate to grant one opportunity to the State Government to take a decision about the employees of the agency, keeping in mind the over all perspective as regards their employees and since we are informed that the issue is under active consideration of the Government, we deem it appropriate to grant four weeks time for a decision to be arrived at. We make it clear that if decision is negative or even there is no decision we direct listing of the petitioner on 4.9.2025 to be listed at 2.30p.m with a clear understanding that the Court shall then not postpone the hearing of the petitions as there are petitioners who are at the fag end of the service and therefore deserves s clarity as to their

service conditions.

4. Renotify to 4.9.2025 at 2.30 p.m.

NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 07/08/2025 11:21:16