DHANANJAY ATMARAM JOG Vs. STATE OF GOA

JUDGEMENT

(1.) The present petition is filed by the petitioners under Article 226 of the Constitution of India with a prayer that the petitioners are entitled to grant of pay scale of Rs.5200.0020200 with Grade Pay of Rs.1800.00 from the date of their joining in compliance with the circular dtd. 15/4/2009 along with all consequential benefits including yearly increments and benefits of 7th Pay Commission recommendations along with payment of arrears. Petitioners are also seeking for quashing and setting aside of the Office Memorandum dtd. 21/11/2016 issued by the Government of Goa, Department of Personnel.

(2.) Petitioner nos. 1 to 3 were appointed as Superior Field Workers and the petitioners nos. 4 to 6 were appointed as "Field Workers" in the pay scale of Rs.4440.007440 with grade pay of Rs.1400.00. Petitioner no.1 was appointed vide Order dtd. 25/1/2010, petitioners no.2 and 3 were appointed vide Order dtd. 7/7/2009, petitioner no.4 was appointed vide Order dtd. 29/1/2010 and petitioners no.5 and 6 were appointed vide Order dtd. 27/1/2010. The grievance of the petitioners is that they were not granted Pay Band-I with the pay scale of Rs.5200.0020200 with Grade Pay of Rs.1800.00 from the date of their appointment. It is the submission of the learned counsel for the petitioners that the circular dtd. 15/4/2009 of the Department of finance (Revenue and Control), Government of Goa while implementing the 6thpay Commission confers on them the benefits of Pay Band-I as Group 'D' employees from the date of their appointment or at least from the date when they complete their training specified therein. It is the submission that even by the Office Memorandum dtd. 21/11/2016 the employees recruited after 1/1/2006 and who were not covered by the circular dtd. 15/4/2009, had to undergo training within the period of three months. This circular clearly stipulates that after the training the Group 'D' staff will be placed in Pay Band-I in the Grade Pay of Rs.1800.00.

(3.) Learned counsel for the petitioners submitted that inspite of the training in view of the circular dtd. 15/4/2009, the petitioners were not granted pay band with a pay scale of Rs.5200.0020200 with grade pay of Rs.1800.00 from the date of their appointment. Learned counsel further contended that the petitioners are also entitled to annual increments of 3% in the revised pay scale. The learned counsel further submitted that by the issuance of the circular dtd. 4/4/2017 an attempt has been made on behalf of the respondents to take away the benefits accrued in favour of the petitioners in view of the circular dtd. 15/4/2009. This act of the respondents considering the grant of pay scale of Rs.5200.0020200 with grade pay of Rs.1800.00 to Group "D" employees from the year 1/1/2016 amounts to hostile discrimination and is in violation of Articles 14, 39(D) and 21 of the Constitution of India. The learned counsel further submitted that the Government of Goa cannot brush away the right accrued in favour of the petitioners by circular dtd. 15/4/2009 by issuing subsequent circular dtd. 4/4/2017 and prayed that the said circular should be quashed and set aside. The learned counsel further submitted that the petitioners are entitled for revision of the pay scale from the date of joining service along with all consequential benefits.