BHANUDAS M. NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) The Writ Petition filed by the twelve Petitioners, who joined the Goa Police Department as Police Constables, have chosen to join the 'Dog Unit' and on undergoing adequate training at BSF Tekanpur, Gwalior (MP), were promoted to the post of Head Constables. The grievance raised by all the twelve Petitioners is common. It is their pleaded case that on joining 'Dog Unit', when they are promoted to the post of Head Constable and being referred to as Head Constable (Dog Unit), their cadre remained the same i.e. of the Head Constable but since they were trained for a particular purpose, they were attached to the 'Dog Unit' of the Police Department, which is an integral part of the Department of the State of Goa. The Petitioners compared themselves with Head Constables (Executive) who had approached this Court in Writ Petition No. 137 of 2006 and in the wake of the existing pay anomaly with the Head Constable (Executive) and Head Constable (Driver), the Petition was disposed of on a statement being made by the Advocate General that the proposal for removal of disparity was already forwarded by the Superintendent of Police (HQ) to the State Government for upgradation of the pay scale of Head Constable (Executive). This resulted in a passing of an Order by the Home Department (General) when the Head Constable (Executive) was brought on a higher pay scale of Rs.4000.006000, which was already availed by the Head Constable (Driver) w.e.f. 1/1/2001.

(2.) Pursuant to the aforesaid development taking place, the Petitioners as Head Constables (Dog Unit) immediately and to be precise on 11/7/2008, made a representation to the Superintendent of Police, Head Quarters, Panaji Goa, which resulted in passing of an Order by the Department of Home (General) on 22/1/2014, which reads thus :

(3.) We have heard learned Counsel Mr. Supekar for the Petitioners and learned Government Advocate Mr. Salkar for the Respondents. Since 'Rule' is already issued and the pleadings being completed, we have taken up the Petition for final hearing.