CIPRIANO NEGREDO Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition filed under 226 of the Constitution by Cipriano Negredo the principal reliefs claimed against the respondents, who are the Union of India, the Administrator of Goa, Daman and Diu, the Chief Secretary of the Govt. of Goa, Daman and Diu and Shri Carmo Noronha, the Custodian, are -

(2.) The facts strictly relevant to the prayers made may first be summarised. The petitioner was employed with "Transportes Aereos da India Portuguesa" (Air Transport Service of Portuguese India), hereinafter referred to for the sake of brevity as T. A. I. P. on 19th of November 1955. T. A. I. P. was originally a part of the Services da Aerinotica Civil do Estado da India (Civil Aviation Department in Goa) but was constituted into a separate department from 1st of August 1961. It is the contention of the petitioner that the employees of T. A. I. P. were full-fledged Government servants and that their rights were regulated and protected by "Estatuto do Funcionalismo Ultramarino", hereinafter called E. F. U., like that of any other Government employee. The staff of T. A. I. P., it is said, used to make contributions to the pension fund as also to the provident fund, that their salaries and other expenses were provided for in the annual Government Budget and were paid from the Government treasury and that their appointments, leave and other connected matters were published in the Government Gazette. On 20th of December 1961, which was the day following the entry of the Armed Forces of India into the Territory of Goa, there appeared in the local newspapers a proclamation by Major General K. P. Candeth of the Indian Army that "In order to normalise the main services all Government servants should report for duty. Their salaries and allowances will be paid". On 22nd of December 1961, the petitioner affirms, when it appeared somewhat safe for the population to move about, he (the petitioner) together with about 70 members belonging to the staff of the T. A. I. P. went to Dabolim airport to report for duty. Wing Commander Dathigare of the Indian Air Force, who had taken charge of the T. A. I. P. premises, allowed only 4 senior members of the staff of the T. A. I. P. to enter the premises of the airport and he happened to tell those 4 members that the airport premises were not safe that unexploded bombs had yet to be removed and that the staff of the T. A. I. P. better return to their homes. The employees of the T. A. I. P. consequently reported subsequently their presence on that day and upto 27th of December at the office of the "Administrador do Concelho de Margao" and their presence was duly recorded in the register opened for the purpose. It was on 28th of December 1961 that they reported for the second time at the Dabolim airport and thereafter they continued to go to that airport until 10th of January 1962. However, on 7th of January 1962 Wing Commander Dathigare informed the staff of the T. A. I. P. that "In his view the T. A. I. P. was private company and not Government department and that he considered the staff of the T. A. I. P. unemployed". The same Wing Commander apprised the staff of the T. A. I. P. on the 10th of January 1962 that the T. A. I. P. had been dissolved and that its staff had been dismissed. On the 11th of January 1962 the following order, dated 8th of January 1962, of the Military Governor was published in the Government Gazette:

(3.) After 11th of January 1962 T. A. I. P. employees addressed a large number of representations to the Military Governor, the Civil Administrator, the Prime Minister, the Lt. Governor and the Chief Minister of Goa complaining that they had been met with a raw deal at the hands of the Government and praying that early steps should be taken to absorb them in some Government department. However, no practical solution to their difficulties was found. All the high dignitaries approached by them only happened to hear their grievances sympathetically and conclude the discussion on a note of hope. Having felt frustrated, the petitioner has urged, no remedy except to knock at the door of the Court could present itself to him and others for ventilating their grievances and seeking the appropriate redress.