Maria Lourdes Do R. Noronha v. State of Goa Through the Chief Secretary
2022-01-11
MANISH PITALE, SADHANA S.JADHAV
body2022
DigiLaw.ai
JUDGMENT : MANISH PITALE, J. 1. Heard learned Counsel for the rival parties. 2. Rule. Rule made returnable forthwith with the consent of the learned Counsel for the rival parties. 3. This petition has been filed by the Petitioners for the following 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. It is an undisputed position that a Division Bench of this Court (Coram:-F.M. Reis & Nutan D. Sardessai, JJ.), by a Judgment and Order dated 26.04.2017 passed in Writ Petition No. 668/2014, have quashed the impugned Circular dated 02.12.2010 and consequential reliefs were granted to the Petitioners therein. 5. The Petitioners in this Writ Petition are identically situated as the Petitioners in Writ Petition No.668/2014. Therefore, there is no impediment in extending the same benefits to the Petitioners herein. 6. Consequentially, the Writ Petition is allowed in terms of prayer clauses (a) and (b) above. Rule is made absolute in the above terms. 7. The Respondents shall extend the benefit to the Petitioners as expeditiously as possible and preferably within six months from today.