Maria Lourdes Do R. Noronha And 14 ORS v. State Of Goa, Thr. The Chief Secretary And 2 ORS
Jose
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.397 OF 2021
1. Ms. Maria Lourdes Do R. Noronha Major of age, 62 yrs.
Resident of La Maruel, C-14, Dona Paula Goa.
2. Mrs. Leocadia R.C. De Melo e Fernandes Resident of H.No. E-302, St Tome Street, Panaji Goa.
3. Xavierina Filomena Cardoso, Resident of H.No. 263, Near the Church Merces, Tiswadi Goa.
4. Fatima B. Missier Major in age, 64 years, Resident of 2B/F-1, Abnar Residency, Mesta Bhat, Merces Goa.
5. Rashika Yeshwant Shirodkar Resident of Palmar Building, F-4, Ground Floor, Carmibhat, Merces Goa.
6. Martha Tolentino, Resident of S-6, Sundaram Apartment, 2nd Floor, Kadamba Dept Road, Alto-Porvorim
Bardez Goa.
7. Lima L. P. Menezes, Resident Models Marine Heights I, Flat No 1/T-3, Aivao Waddo, Caranzalem Goa.
8. Joao. M.G. Lourenco, Major in Age, 61 years, Resident of H. No. , Curca, Tiswadi Goa.
9. Suman R. Prabhudesai, Resident of H. No - 338/B, Agnelo Colony, Karant Cazanzalem Goa.
10. Rajani S Khandeparkar Major in age, 64 years, Resident of H. No. 9/15/2 Hill Lane No. 4, Khadapaband Ponda Goa.
11. Zahida Begam, Resident of Fathima Manzil, Near King Soda Factory, St.inez, Panaji Goa.
12. Maria Vitoria De Araujo, Resident of AH.No. 106, Hailem Bhatt, Cujira, St. Cruz, Goa.
13. Maria Olivia Neves Do Nascimento Vas Major in age, 61 years, Resident of Flat No.CC.1, Silver Towers, Block -c, Buehind Cine Vishant, Margoa Goa.
14. Alex Mascarenhas Resident of H.No. 300/2, Sinuetim Navelim, Salcete Goa.
15. Linda Frias e Gonsalves, Resident of H.No. 71, Ambora, Po-lutalim, Salcete Goa.
... Petitioners.
Versus
1. State of Goa Through the Chief Secretary Secretariat, Porvorim, Bardez, Goa.
2. The Office of the Chief Electrical Engineer, Electricity Department, Vidhyut Bhavan, Panaji Goa.
3. The Director of Accounts, Directorate of Accounts, Panaji, Goa.
... Respondents.
Mr. Vivek Rodrigues, Advocate for the Petitioners. Mr. D. Pangam, Advocate General with Mr. Shubham Priolkar, Additional Government Advocate for the Respondents.
CORAM:
SMT. SADHANA S. JADHAV & MANISH PITALE, JJ.
DATED:
ORAL JUDGMENT (PER MANISH PITALE, J):
1.
Heard learned Counsel for the rival parties.
2.
Rule. Rule made returnable forthwith with the consent of the learned Counsel for the rival parties.
3.
This petition has been filed by the Petitioners for the following reliefs:- a) Issue a Writ of Certiorari or a writ in the nature of Certiorari, or any other appropriate writ, order or direction quashing and setting aside the impugned Circular dated 02/12/2010 issued by the Respondent No.3 and the recoveries effected from the petitioners in pursuance thereof vis a vis these petitioners.
b) To direct fixation of the Salary and Pensionary benefits of the petitioners in the Pay scale of Rs. 9300-34000+Rs.4600 (G.P.) along with future benefits based on the revised pay scales.
4.
It is an undisputed position that a Division Bench of this Court (Coram:- F.M. Reis & Nutan D. Sardessai, JJ.), by a Judgment and
Order dated 26.04.2017 passed in Writ Petition No. 668/2014, have quashed the impugned Circular dated 02.12.2010 and consequential reliefs were granted to the Petitioners therein. 5.
The Petitioners in this Writ Petition are identically situated as the Petitioners in Writ Petition No.668/2014. Therefore, there is no impediment in extending the same benefits to the Petitioners herein. 6.
Consequentially, the Writ Petition is allowed in terms of prayer clauses (a) and (b) above. Rule is made absolute in the above terms. 7.
The Respondents shall extend the benefit to the Petitioners as expeditiously as possible and preferably within six months from today. MANISH PITALE, J.
SMT. SADHANA S. JADHAV, J.