DOMNIK SAVIO KENNY Vs. STATE OF GOA

JUDGEMENT

(1.) BY this Petition under Article 226 of the Constitution of India, the Petitioners seek a writ, order or direction for quashing the Order dated 31st March,1998,issued by the Directorate of Higher Education, Government of Goa. By this Order, the Government of Goa has sanctioned the Vth Pay Commission Scale of the non-teaching staff and has fixed the existing pay scales mentioned in Column No.1 in accordance with the Vth Pay scales sanctioned by the Vth Pay Commission. The Petitioners also seek a writ of mandamus or any other writ in the nature of mandamus seeking the benefit of an Order dated 27th October,1997, by which the Respondent/Government has directed that the Petitioners pay fixation shall be done with reference to the pay scales of the IVth Pay Commission from 1st January, 1986 and not with reference to the revised interim scales given by the Goa Government after 1st January, 1986. The Petitioners also seek a writ of mandamus directing the Respondents to extend the benefits of the interim revised pay scales in terms of the Order dated 27th October, 1997 for payment of necessary monetary benefits in terms thereof.

(2.) BRIEFLY , the relevant facts are that the Petitioners are employees of Aided Non-Government Colleges in the State of Goa which were affiliated to the University of Bombay. In the year 1978, the Government of Goa conveyed sanction to the said Colleges as per the terms and conditions laid down by the University of Bombay. In the same year, the Government of Maharashtra conveyed sanction to the pattern of assistance of the non-teaching staff of the University of Bombay vis-à-vis the non-teaching staff affiliated to the University.

(3.) ON 12th March,1990,the Government of Goa in terms of the IVth Pay Commission prescribed IVth Pay revised pay scales to the members of the non-teaching staff of the Non Government Aided Colleges to come into effect from 1st January, 1986. At this point a crucial aspect arises. Before the establishment of the Goa University, a Government servant with the Government of Goa drew salary on a scale which is less than that of an University employee of the Bombay University in an equivalent post. As a result, in order to prevent a reduction in the salary due to absorption in the Goa University and the implementation of the IVth Pay Commission, the Petitioners were fixed in personal scales which protected their higher salary with the Bombay University. The Petitioners case basically rests on this fact. On the basis of this fact, the Petitioners contend that while fixing their pay scales under the Vth Pay Commission, the higher scale granted to them at the time of fixation in the IVth Pay Commission i.e. the one that was fixed in order to protect their higher scale should be made the basis. According to the Respondent/Government, the Petitioners were granted personal scales while fixing their salaries under the IVth Pay Commission and while making such fixation while implementing the Vth Pay scales the personal scales granted to the Petitioners should be ignored. The comparative statement of the pay scales of the various posts in respect of which this Petition is filed would be useful. The said comparative statement is as follows:-