LAWS(BOM)-2005-12-6

VAISHALI SAMANT Vs. STATE OF GOA

Decided On December 21, 2005
VAISHALI SAMANT Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) The petitioners who are lecturers in respondent no. 4, Ponda education Society's College of Arts and science, an aided College by the Government of Goa (respondent no. 1) , and affiliated to th1 goa University (respondent no. 3) and whose service conditions are governed by the Goa university Act, 1984 (Act, for short) , and the statutes framed thereunder, in these petitions filed Articles 226 and 227 of the Constitution, assail the stand of the Government in not recognizing the grant of the Senior scales to them, in the pay scale of Rs. 3000-5000, by the college as well as by the University with effect from 01-06-1988, 20-06-1986 and 20-06-1993, respectively, and, consequently, the action of the Government ordering the recovery of payments made to them as well as the action of denying to the petitioners the benefits of fifth Pay Commission with effect from 01-01-1986 on the plea that the petitioners would be entitled to the said senior scales from 20-06-1995, 20-06-1989 and 20-06-1995 (sic) , respectively.

(2.) Although the facts in each of the petitions are slightly different, the issue of law involved is common and. therefore, we proceed to dispose of the petitions by this common judgment.

(3.) The petitioner Smt. Vaishali samant, was appointed as a part time Lecturer in Mathematics in the said College from 12-05-1986 and from June, 1987, she was appointed as a full time lecturer. Prior to the said appointment as lecturer in Mathematics, the petitioner had worked as :- (a) Part time lecture at Gogate College, belgaum, affiliated to the Karnataka university, from June, 1969 to July, 1972. (b) As full time lecturer at R. P. D. College, belgaum, affiliated to the same university from 08-07-1972 to 15-06-1977. (c) As part time lecturer at V. N. S. Bandekar college, Assagao, affiliated to the Goa university, from 01-08-1981 to 31-07-1982. (d) As full time lecturer at Damodar college, Margao, affiliated to Bombay university, from 20-06-1984 to 31-08-1984.