V.D. BHOBE Vs. STATE OF GOA

JUDGEMENT

(1.) BOTH these petitions are being disposed of by a common order as the facts are similar as also the questions of law which will have to be decided.

(2.) THE petitioners in Writ Petition No. 322 of 1998 as now amended are the Deputy Director of Accounts and Assistant Accounts Officer, working in the office of respondent No. 3. In the petition filed, the reliefs are for a writ of certiorari or appropriate writ, or order, or direction to quash order dated 27th October, 1997, which directed that pay scales shall be fixed without reference to the revised scales after 1st January, 1986, thereby fixing their pay scales taking into account the revision of pay scales by order dated 18th June, 1990. Prayer Clause (b) is a consequential relief by way of writ of mandamus to fix revised pay scales of Assistant Accounts Officers and Accounts Officers/Deputy Director of Accounts in the Government administration taking into account the revision of pay scales by an order dated 18th June, 1990 and, consequential directions. The petitioners have formulated the following propositions for determination : - (i) Whether the order dated 27th October, 1997, issued by the Government of Goa, directing that while extending the benefit of revised pay scale recommended by the Fifth Central Pay Commission, the revision of pay scales subsequent to 1st January, 1986; shall be ignored is arbitrary and illegal; (ii) Whether the order dated 27th October, 1997 amounts to reduction of a grade and reduction of pay of the petitioners and, therefore, is violative of Articles 14 and 16 of the Constitution; and (iii) Whether the order dated 27th October, 1997, insofar as it pertains to the petitioners, amounts to hostile discrimination and, as such, is violative of Article 14 of the Constitution in view of the fact that in the case of officers working in the Directorate of Animal Husbandry and Veterinary Services and the Directorate of Agriculture, the benefits of Fifth Pay Commission have been extended with regard to the pay scales as revised after 1st January, 1986, while denying the said benefits to the petitioners.

(3.) A few facts may now be set out. The recommendations of the Fourth Pay Commission were accepted by the Government with effect from 1st January, 1986, and Accountants were fixed in the pay scale of Rs. 1400 -2300. From 1st July, 1987, the Government of Goa revised the pay scales of Accountant to Rs, 1600 -2600 by an order dated 18th June, 1990, By an order of 31st July, 1996, the Goa Government temporarily revised the pay scales of other posts as set out in the said order. In Writ Petition No. 138 of 1999, the second petitioner was appointed on 16th May, 1988, in the pay scale of Rs. 1400 -2300 and the third petitioner was appointed on 20th May, 1991 in the pay scale of Rs. 1600 -2600. The Government of Goa implemented the recommendations of the Fifth Pay Commission by order dated 27th October, 1997, with effect from 1st January, 1996. Accountants were given the pay scale of Rs. 4500 -7000. On 14th November, 1997, the Director of Accounts made representation on behalf of Accountants for restoration of revised pay scales. On 9th December, 1997. there was a representation demanding the pay scale of Rs. 5000 -8000 from 1st January, 1996. A writ petition came to be filed before this Court, being Writ Petition No. 323 of 1998. A Division Bench of this Court opined that it will be sufficient to give directions to the Government to consider the representation of the petitioners within a period of three months from the date of the order and take appropriate decision in the matter. By order dated 5th January, 1999, the Government rejected the revisions.