Kum. Domiana Nazareth v. State of Goa, through its Chief Secretary
2022-01-25
M.S.SONAK, R.N.LADDHA
body2022
DigiLaw.ai
JUDGMENT : M.S. Sonak, J. 1. Heard Mr. Supekar, learned Counsel for the petitioners, and Mr. M. Salkar learned Government Advocate for the respondents. 2. The petitioners complain of an anomaly in awarding them the proper pay scale and emoluments. Therefore, the petitioners made a representation dated 03.07.2006 (Annexure – D, pages 81 to 85 of the paper book) to the Secretary (Finance), Government of Goa. Copies of this representation were marked to several other Authorities. This was followed by yet another representation dated 05.11.2007 (pages 94 to 99 of the paper book). 3. Since there was no favorable response, the petitioners made yet another representation dated 08.05.2012 urging inter alia disposal of the earlier representations. 4. Finally, by the impugned memorandum dated 06.06.2012, the petitioners were informed that their representations cannot be considered since the Government has not constituted an “Anomaly Committee”. 5. The impugned memorandum dated 06.06.2012 reads as follows: MEMORANDUM The Field Surveyors/Head Surveyors and other Technical Staff of this Directorate has made representation regarding upgradation of their Pay Scale. This proposal was forwarded to Government on 08.05.2012. The Revenue Department vide letter No.26/1/2012/RD/2296 dated 30.05.2012 has now informed that since the government has not formed anomaly Committee the proposal cannot be proceed further at this stage. 6. From the aforesaid, it is quite clear that the representations of the petitioners were not rejected on merits but were not at all considered on the ground that no Anomaly Committee had been constituted. Thus, there was no rejection of the petitioners' representations on merits, but this was a case of non-consideration for want of the constitution of an Anomaly Committee. 7. Mr. Salkar learned Government Advocate, on instructions, states that an Anomaly Committee has been constituted on 31.08.2021 and this Committee will not be averse to considering the petitioners' representations and disposing of the same on their own merits and in accord with the law. 8. According to us, this petition can be disposed of by now directing the Anomaly Committee to consider all the petitioners' representations and to dispose of the same on their own merits and, in accord with the law, within three months from today.
8. According to us, this petition can be disposed of by now directing the Anomaly Committee to consider all the petitioners' representations and to dispose of the same on their own merits and, in accord with the law, within three months from today. The anomaly Committee is, therefore, directed to consider the petitioners' aforesaid representations and decide whether the petitioners can be granted the salaries/pay scales claimed by them from the date of their respective appointments, which have incidentally been set out in Annexure - A to this petition. 9. This petition is disposed of with the aforesaid directions. It is clarified that this Court has not examined the matter on merits and, therefore, the Anomaly Committee will have to examine the matter on merits and decide in accord with the law. 10. Since the representations are to be found in the paper book of this Writ Petition, it is only appropriate that the petitioners furnish an entire set of the paper book in Writ Petition No.380 of 2014 to the Secretary (Finance) within a week from today. The Secretary (Finance) to forward this set to the members of the Anomaly Committee, which can then consider the representations and even consider the petition itself as a representation and dispose of the same within three months from today. 11. This petition is disposed of in the aforesaid terms. There shall be no orders for costs.