SHAYANI U. NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the petitioners seek directions to the respondent to place them in the Pay Band of Rs.9300.0034800+4200 (GP) in PB-2, at par with the other Legal Assistants working in the Law Department, Secretariat w.e.f. the date of joining their duties in the said Department. Further, a direction is also sought to order the respondent to grant all the consequential benefits relating to the said Pay Band, including arrears of pay and other benefits incidental thereto.

(2.) The facts germane to this writ petition may briefly be stated as follows: Petitioners were appointed as Legal Assistants by the Electricity Department of the State of Goa on 18/4/2007. They were admittedly selected by a duly constituted Selection Committee against the posts created vide order dtd. 22/1/2007 in the pay scale of Rs.4500.00125-7000. Again, it is undisputed that they were duly confirmed in their respective posts in the year 2010.

(3.) The Government of Goa desired to strengthen the Law Department at the Secretariat, where the volume of legal work was considerable. In that view of the matter, to fill up three posts of Legal Assistants in the General Administration Department, an advertisement for three posts of Legal Assistants, then in the pay scale of Rs.4500.00125- 7000 (pre-revised)(provisional), was published. Upon the publication of the said advertisement, the Government, as a part of the austerity measures, decided to transfer four posts of Legal Assistants, i.e. of the petitioners herein and two from the Directorate of Transport to the General Administration Department, Secretariat to be deployed under the Law Department, Secretariat. Accordingly, orders were issued. In June 2010, the petitioners reported for duty to the General Administration Department, Secretariat. On 15/6/2010, by an order issued by the General Administration Department, the petitioners were transferred and posted to the Law Department with immediate effect in the pay scale of PB-1 Rs.5200.0020200+GP Rs.2800..00