S K MANJREKAR Vs. GOA UNIVERSITY

JUDGEMENT

(1.) BY this Writ Petition, the Petitioner who is a Member of the affiliated Non-Government Aided College affiliated to the Goa University seeks for a writ of mandamus directing the Respondent Nos.1 to 3 to award a pay scale of Rs.6500-10500 to the Petitioner w.e.f. 1st January, 1996, i.e. under the Vth Pay Commission. The Petitioner also seeks a direction that the order of pay fixation dated 31st March,1998, be quashed to the extent it does not mention the Petitioner's pay scale of Rs.2000-3200(TBPS and corresponding revision of 6500-10500).

(2.) MR . A.N.S. Nadkarni, learned Advocate General has raised a preliminary objection to the tenability of this Petition in view of the two decisions of the Supreme Court reported in (2003) 5 SCC 163 and (2003) 6 SCC 490.

(3.) IN the case of A.K. Bindal and another v. Union of India and others reported in (2003) 5 SCC 163 the Hon'ble Supreme Court repelled the argument that the Appellant was entitled to a pay revision in view of the fact that such pay revision was not accommodated in the emoluments eventually received by him at the time of finally giving effect to the Voluntary Retirement Scheme. The Hon'ble Supreme Court observed as follows:-