Madhukar Tari v. State of Goa, through its Chief Secretary, having Office at Secretariat
2013-02-21
U.V.BAKRE, V.M.KANADE
body2013
DigiLaw.ai
JUDGMENT V.M. Kanade, J. The petitioners have filed this petition under Articles 226 and 227 of the Constitution of India and they are seeking appropriate writ, order or direction, directing the respondents to restore to them the pay scale of Rs.2610-3540 which was enhanced from time to time, with effect from November-December 2004, along with all consequential benefits. 2. Brief facts, giving rise to the present petition, are as under: Between 1985-1989, the petitioners were recruited as workers/helpers in the Directorate of Agriculture, Government of Goa, mostly as daily wage workers. Respondent No.1-State of Goa framed a scheme by issuing Notification dated 14th May, 1997 known as “Daily Wages (Grant of Temporary Status) Scheme of Government of Goa, 1997”. The petitioners, amongst other employees, were conferred temporary status with effect from 10th October, 1997 and were placed in the pay scale payable to the Field Workers i.e. Rs.2650-60-3150-65-3530. A direction was given by the Deputy Director (Administration), Directorate of Agriculture, Government of Goa that this pay scale should be calculated on the basis of scale attached to the Field Worker. The respondents, however, without assigning any reason withdrew the temporary status which was conferred on them by order dated 3rd July, 1998 and, thus, unilaterally withdrew the earlier order granting them temporary status dated 20th November, 1997. On 24th December, 1998, the petitioners were declared as surplus and were redeployed from the Directorate of Agriculture to the Directorate of Health Services as Field Workers. Sometime, in January, 1999, they were relieved from the Directorate of Agriculture and redeployed in the Directorate of Health Services. While relieving the petitioners, the orders clearly indicated that the pay scales of the petitioners were Rs.2650-60-3150-65-3540. It is an admitted position that Group “C” and Group “D” Posts Rules, 1993 indicated that the salary of this staff was in the pay scale of Rs. 2650-60-3150-65-3540 after their redeployment. Thereafter, the services of the petitioners were regularised by order dated 27th November, 2003 as Field Workers in the Directorate of Health Services by reducing their pay-scales from 2650-3540 to Rs.2550–3220. Being aggrieved by the said reduction in the pay scale at the time of the regularization again in 2003, the petitioners have approached this Court by filing this petition under Articles 226 and 227 of the Constitution of India.
Being aggrieved by the said reduction in the pay scale at the time of the regularization again in 2003, the petitioners have approached this Court by filing this petition under Articles 226 and 227 of the Constitution of India. It is the contention of the petitioners that the said order of reduction of pay scales was passed without giving any hearing to the petitioners and the reduction was also in gross violation of the orders passed by this court in Writ Petition No.263/2000 and in Civil Application (Review) No.19/2000 in WP No.263/2000. It was also contended that the Government has discriminated between the employees who are redeployed in the River Navigation Department and the petitioners, since their pay scales were protected, but in the case of the petitioners their pay scales were reduced. The petitioners, therefore, made a representation dated 22nd December, 2003. However, no reply was given to the said representation. A legal notice thereafter was sent dated 15th November, 2005 and since, no response was received, the petitioners were constrained to file the present petition. 3. The facts stated in the petition have not been disputed in the affidavit-in-reply filed on behalf of the Director of Health Services. On the contrary, in para (2) it has been stated that pursuant to the Judgment of this Court in Writ Petition No. 263/2000 dated September, 2000 and particularly with reference to para 8 of the said judgment, all the defects have been rectified to protect the remuneration of the petitioners and accordingly, they have been given the remuneration which each one of them was drawing on the previous day of regularization. It is further stated that the OM dated 31st March, 2008 was issued by the Government of Goa directing all the Heads of Departments to comply with the above directions of this Court while regularising the wages employees with temporary status against the regular post. 4. It does appear that the respondents have rectified the mistake which they have committed by reducing the pay scales of the petitioners. The Division Bench of this Court in Writ Petition No.263/2000 has, in terms, observed that the said reduction of pay-scales while they were regularised, was clearly illegal. In para 8 of the said judgment, the Division Bench has observed as under: “8.
The Division Bench of this Court in Writ Petition No.263/2000 has, in terms, observed that the said reduction of pay-scales while they were regularised, was clearly illegal. In para 8 of the said judgment, the Division Bench has observed as under: “8. Another contention raised in the Petition is that after the said Notification, the Petitioner's service was regularized by the Government of Goa. In that process, his remuneration that he was receiving before the date of regularization was reduced. This can never happen in service jurisprudence. The present remuneration of an employee cannot be reduced without any valid reason, nor with any notice to the employee. Therefore, if the Petitioner's contention is correct that his remuneration has been reduced, the Government is directed to rectify that error and protect his remuneration that he was drawing on the previous day of his regularization.” 5. In the result, the petition is allowed in terms of prayer clause (a) and is disposed of. No order as to costs.