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Bombay High CourtCP/18/2013disposed of

Dr. A. V. Kamat, Medical Officer And ANR., v. Ramakant N. Borkar, Sarpanch, Village Panchayat Of Sancoale And 10 ORS.,

2019-08-06Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Kum. Justice Nutan D. Sardessai5 pages

1 CP 18 of 2013

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT PETITION NO. 18 OF 2013 IN WRIT PETITION NO. 276 OF 1999 1.

Dr. A. V. Kamat Medical Officer V.P. Medical Dispensary Sancoale, Mormugao, Goa.

2.

Mrs. Leena Naik Panchayat Medical Staff Sancaole-Goa.

All major.

... Petitioners.

Versus

1) Mr. Ramakant N. Borkar Sarpanch, Village Panchayat of Sancoale Sancoale, Mormugao-Goa.

2) Mrs. Rosalina Moniz Deputy Sarpanch, Village Panchayat of Sancoale Sancoale, Mormugao-Goa.

3) Mr. Derick Vales Panch, Village Panchayat of Sancoale Sancoale, Mormugao-Goa 4) Mrs. Shilpa S. Naik Panch, Village Panchayat of Sancoale Sancoale, Mormugao-Goa 5) Mr. Sharan Metthi Panch, Village Panchayat of Sancoale, Mormugao-Goa.

2 CP 18 of 2013 6) Mr. Narayan G. Naik Panch, Village Panchayat of Sancoale, Sancoale, Mormugao-Goa 7) Mrs. Asha V. Naik Panch, Village Panchayat of Sancoale, Sancoale, Mormugao-Goa 8) Mr. Gilbert Mariano Victor Panch, Village Panchayat of Sancoale, Sancoale, Mormugao-Goa.

9) Mr. Shivanand Bhingi Panch, Village Panchayat of Sancoale, Sancoale, Mormugao-Goa.

10) Mr. Govind Lamani Panch, Village Panchayat of Sancoale, Sancoale, Mormugao-Goa.

11) Mrs. Anita Mudliar Panch, Village Panchayat of Sancoale, Sancoale, Mormugao-Goa.

All major.

12) Narayan Azgaonkar Major of age Then Secretary Village Panchayat of Sancaole, Marmugao, South-Goa Presently posted as Secretary Village Panchayat of Majorda, Verna South Goa, Margao

13) Sandhya Shirodker Major of age Secretary Village Panchayat of Sancaole, Marmugao, Respondents/

3 CP 18 of 2013 South Goa (Registered Addresses) Contemnors.

IN WRIT PETITION No. 276 OF 1999 Dr. A. V. Kamat Working as Medical Officer V.P. Medical Dispensary Sancoale, Mormugao, Goa.

... Petitioner.

V/s.

1) State of Goa Through the Chief Secretary With his office at Secretariat Panaji-Goa.

2) The Village Panchayat of Sancoale Through its Secretary Sancoale, Mormugao, Goa.

3) The Block Development Officer Office of the Block Development Officer, Salcete & Mormugao Block Government of Goa, Margao, Goa.

... Respondents.

Mr. P. Lotlikar, Advocate for the petitioners. Coram:- M. S. SONAK & NUTAN D. SARDESSAI, JJ.

Date:- 6th August, 2019

4 CP 18 of 2013 ORAL JUDGMENT: (per M.S. Sonak, J.) Heard Mr. P. Lotlikar, learned Counsel for the petitioners. The respondents, though served, are not present despite the fact that this is a Contempt Petition.

2.

Mr. P. Lotlikar, learned Counsel points out that the amount payable to the petitioner No.1 has been paid in full and presently, there is no grievance on that aspect. He points out that the amount payable to the petitioner No.2 upto March,2019 has already been paid in full and there is no grievance on this aspect as well. Mr. Lotlikar, learned Counsel states that petitioner No.2 is still in service and therefore, it is necessary that the Panchayat gives the petitioner No.2 the same scale which is presently being paid to her until she retires.

3.

Since, there is substantial compliance we propose to dispose of this Contempt Petition. However, we direct the respondent to continue to pay to the petitioner No.2 her dues and at appropriate scale as is applicable to her.

5 CP 18 of 2013

4. The Contempt Petition is disposed of. There shall be order as to costs.

NUTAN D. SARDESSAI, J.

M. S. SONAK, J.

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