Rohidas Sonu Volvoikar v. State of Goa, through the Chief Secretary, Secretariat
2022-02-26
M.S.SONAK, R.N.LADDHA
body2022
DigiLaw.ai
JUDGMENT : M.S. Sonak, J. 1. Heard Mr. Vivek Rodrigues for the petitioners and Mr. Shubham Priolkar, learned Additional Government Advocate for the State. 2. Rule. The rule is made returnable forthwith with the consent and at the request of the learned counsel for the parties. 3. In this petition, the petitioners have prayed for the following substantive 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. Learned Counsel for the Petitioners submitted on the last date that the facts in the present petition are identical to the facts in Writ Petition No.668/2014 decided by the Division Bench of this Court in its Judgment and Order dated 26.04.2017. Given the submission made by the learned Counsel for the Petitioners, the matter was adjourned to enable the Learned Additional Government Advocate to take instructions. 5. Today, learned Additional Government Advocate appearing for the Respondent No.2 on the instructions of Mr. Raghuvir Keni, Chief Electrical Engineer, submits that the facts in the present petition are indeed identical to the facts in W.P. No.668/2014 and based thereon, even the Petitioners in the present petition will have to be granted the same relief as was granted to the Petitioners in W.P. No. 668/2014. 6. Mr. Priolkar learned Additional Government Advocate, based on instructions from the respondents who he represents makes a statement that the benefits granted to the petitioners in Writ Petition No.668/2014 will be extended to the petitioners in the present petition as well and therefore the Rule can be made absolute in terms of prayer clauses (a) and (b) of the petition. 7. Mr. Rodrigues has also placed on record orders dated 23.11.2021 and 11.01.2022 in Writ Petition No.257/2021 and Writ Petition No.397/2021 respectively, where similar reliefs were granted to the petitioners therein since it was found that even the petitioners therein were identically situated as the petitioners in Writ Petition No.668/2014. 8. For the aforesaid reasons and having regard to the statement made by Mr.
8. For the aforesaid reasons and having regard to the statement made by Mr. Priolkar, learned Additional Government Advocate, we make the Rule absolute in this petition in terms of the prayer clauses (a) and (b) that have been transcribed above. 9. The benefits under this order are directed to be extended within a maximum period of six months from today. 10. The petition is disposed of in the aforesaid terms. There shall be no order for costs.