Petitioner sought withdrawal of Writ Petition regarding selection scale benefits for teachers under a circular. Court permitted withdrawal with liberty to make a representation, keeping contentions open.
Writ petition permitted to be withdrawn with liberty to make a representation within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 749 OF 2013
SMT. PRABHAT B. GAUNKAR, ASST. GRADUATE TEACHER ... Petitioner Versus STATE THROUGH CHIEF SECRETARY AND 2 ORS., ... Respondents
Mr. Anthony Joe D'silva, Advocate for the petitioner. Mr. A. N. S. Nadkarni, Advocate General with Mr. N. Pai, Addl. Government Advocate for respondent nos. 1 and 2. Mr. Devidas J. Pangam, Advocate for respondent no.3.
Coram:F. M. REIS & Z. A. HAQ, JJ. Date:24th April, 2014
P.C.
Today, the learned Advocate for the petitioner has filed an affidavit-in-rejoinder along with it the copy of the Circular dated 12.03.2014 is placed on record. As per the Circular, according to the petitioner, the requirement of 20% quota in awarding selection scale is deleted and all the teachers who have higher qualifications as required under the prescribed rules for the grant of selection scale from the Government and Government Aided Primary/Secondary/Higher Secondary schools, who could not avail the benefit of selection scale shall be entitled for selection scale after completing 12 years of service in senior scale. The learned Advocate for the petitioner submits that the petitioner would like to make a representation making claim on the basis of the above mentioned
2
Circular. In view of this, the learned Advocate for the petitioner upon instructions seeks leave to withdraw the above Writ Petition with liberty to make a representation to the concerned authority. In case the petitioner makes a representation to the concerned authority within one week, the concerned authority shall take a decision in accordance with law within one month from the date of the receipt of the representation. The petition is accordingly permitted to be withdrawn. Needless to say that all the contentions of the parties are kept open.
Z. A. HAQ, J. F. M. REIS, J.
at*
Smt. Prabhat B. Gaunkar
State through Chief Secretary
Respondent nos. 1 and 2
Respondent no. 3
F. M. REIS
Z. A. HAQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
