Allowed

Mr. Rohan Ratnakanth Shirodkar v. State of Goa through Its Secretary, P.W.D. and Anr.

Bombay HC7 May 2014WP/24/2014

Case brief

AI extract

What is this about?

Petitioner challenged the failure to issue an appointment order for Post of Work Assistant due to election-induced Model Code of Conduct constraints. Court allowed petition and issued mandamus for appointment, stayed for six weeks.

What did the court decide?

Petitioner to be appointed as Work Assistant in Public Works Department with specified pay band and grade pay.

Mr. Rohan Ratnakanth Shirodkar Vs State of… — Pension and Retirement Benefits | Bombay HC (2014)

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO. 24 of 2014

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Mr. Rohan Ratnakanth Shirodkar Major of age, Ashemmandrem, Pernem, Goa.

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…... Petitioner

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V e r s u s

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State of Goa, through its Secretary, Public Works Department, with his office at Secretariat, Porvorim, Bardez, Goa.

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Principal Chief Engineer, Public Works Department, Altinho, Panaji, Goa.

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…... Respondents

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Mr. S. D. Lotlikar, Senior Advocate with Mr. C. Padgaonkar, Advocate for the Petitioner.

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Mr. E. Afonso, Government Advocate for the Respondents.

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Coram :- F. M. REIS & Z. A. HAQ, JJ. Reserved On : 2 nd April, 2014 Pronounced on : 7 th May, 2014

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JUDGMENT (Per Z. A. HAQ, J.)

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Heard.

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Rule. Rule made returnable forthwith.

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The Petitioner in this Petition makes a grievance about the in action

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on the part of the Respondents in issuing the Order of appointment for the post of ”Work Assistant” on Work-charged Establishment in the Public Works Department. The Petitioner has been selected for the post of “Work Assistant” Group “C” NonGazetted on work charged establishment in the Public Works Department in the

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WP-05-14

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Pay Band of Rs.5200-20200 with Grade pay of Rs.1900/-, pursuant to the procedure followed after the advertisements were issued on 12.12.2009. It is undisputed that the Petitioner is given an offer for the temporary post and the Petitioner has also given his acceptance, however, the appointment Order was not issued because of the imposition of the Model Code of Conduct in view of the Assembly Elections.

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We have considered the same issue while deciding the Writ Petition no. 7 of 2014 and other connected matters. This Petition was also tagged with the above mentioned Writ Petition and was simultaneously heard. For the reasons recorded in the judgment given in Writ Petition no. 7 of 2014, the Petition is allowed. Rule is made absolute in terms of prayer clause (a), which reads as follows :

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“(A) For a writ of mandamus, or any other writ, direction or order in the nature of mandamus commanding the Respondents to forthwith issue an order of appointment in favour of the Petitioner to the post of “Work Assistant: on work charged establishment in the Public Works Department of Government of Goa, in the Pay Band of Rs.5200-20200 + grade pay of Rs.1900, plus admissible allowances as per rules.”

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In the circumstances, the parties to bear their own costs.

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(Z. A. HAQ, J.)

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( F. M. REIS, J.)

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At this stage, the learned Government Adovcate appearing for the Respondents, seek stay of the operation of the Judgment passed today. The learned Counsel appearing for the Petitioners are objecting to the same.

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In the facts and circumstances of the case, the operation of the judgment passed today is stayed by six weeks.

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arp/*

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WP-05-14

Mr. Rohan Ratnakanth Shirodkar v. State of Goa through Its Secretary, P.W.D. and Anr.

Case brief

What is this about?

What did the court decide?

Mr. Rohan Ratnakanth Shirodkar v. State of Goa through Its Secretary, P.W.D. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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