Shayani U. Naik., v. State Of Goa, Through Its Secretary (Ga), General Administration Dept.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 25 OF 2018 IN WRIT PETITION NO. 809 OF 2015 SHAYANI U. NAIK., ... Applicant

Versus

STATE OF GOA, THROUGH ITS SECRETARY (GA), GENERAL ADMINISTRATION DEPT., ... Respondent Mr. S. D. Lotlikar, Senior Advocate with Ms.

M. Chodnekar, Advocate for the Applicant/Petitioner No.1. Mr. P. Faldessai, Addl. Government Advocate for Respondent no.1.

Coram:- N. M. JAMDAR & NUTAN D. SARDESSAI, JJ.

Date:- 20th February 2018 P.C.

Heard the learned counsel for the parties.

2. In the Writ Petition Rule has already been issued on 23 November 2015 and the petition is pending for hearing. This Civil Application is taken out seeking extension of benefits to the Applicant-Petitioner No.1 under the Modified Assured Career Progression Scheme considering her initial appointment in the Electricity Department on 18 April 2007.

MCA/25/2018

3. Having considered the facts and circumstances and that the Modified Assured Career Progression Scheme is applicable to the post held by the Applicant-Petitioner No.1, we do not find any impediment in directing the Respondent to consider the claim of the Applicant-Petitioner No.1 under the Scheme. Accordingly, the Civil Application is allowed in terms of prayer clause (a).

4. It is however, made clear that the grant of Scheme, if any, to the Applicant-Petitioner No.1 will be subject to the outcome of the Writ Petition.

NUTAN D. SARDESSAI, J.

N. M. JAMDAR, J.

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