The Department of Social Welfare Thr the Director vs Tolino Salvador Dsouza — Bombay HC (2026) — LawSathi Research

The Department of Social Welfare Thr the Director vs Tolino Salvador Dsouza — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Two-month extension granted to the Department for deciding the Petitioner's representation; Finance Secretary, Government of Goa directed to process the revival file and grant final approval preferably within three weeks, after which the Director of Social Welfare is to process the file, revive the post and consider the representation; Contempt Petition No. 18 of 2026 listed for compliance on 06.07.2026.

Issue for consideration

Whether the time sought by the Department (Miscellaneous Civil Application No. 250 of 2026) for deciding the Petitioner's representation should be extended, given that the reserved post had lapsed on 01.01.2024, prior to the Court's order dated 19.03.2025, and this fact had not been brought to the notice of the Court. +1 more

Court's answer

Time is extended by two months for the representation of the Petitioner to be decided.

Ratio / Principle

Registry directed to waive office objections and register Miscellaneous Civil Application No. 250 of 2026.

Key takeaways

The Finance Secretary, Government of Goa is directed to process the revival file and grant final approval at the earliest, preferably within three weeks from the date of this order.ratio¶33
Thereafter the file is to be processed by the Director of Social Welfare, the post revived and the representation considered; the entire process is expected to be completed within the timeline granted.ratio¶33
Miscellaneous Civil Application No. 250 of 2026 stands disposed of.

Detailed headnote1 paragraphs

High Court of Bombay at Goa (Valmiki Menezes and Amit S. Jamsandekar, JJ.), P.C. order dated 6th May, 2026 in Misc. Civil Application No. 250 of 2026 in Writ Petition No. 125 of 2025, with Contempt Petition No. 18 of 2026 in Writ Petition No. 125 of 2025: The Department of Social Welfare (through the Director), applicant, sought extension of time in a contempt matter arising from non-compliance of the Court's order dated 19.03.2025 (time extended vide order dated 08.07.2025) requiring the Director of Social Welfare to decide the representation of Tolino Salvador Dsouza, who suffers from a disability covered under the Disability Act, for promotion to the post of Upper Division Clerk (UDC); the department had a post reserved for disabled persons and the Petitioner, already working in the department, claimed the right to be promoted to it. The department disclosed that the reserved post had lapsed on 01.01.2024, before the Court's order, a fact never previously brought to the Court's notice; a revival file moved on 17.03.2025 remained pending with the Finance Department, with no revival orders passed by the Finance or Social Welfare Departments. Extending time by two months for the representation to be decided, the Court, though in contempt jurisdiction, directed the Finance Secretary, Government of Goa to process the file and grant final approval preferably within three weeks, following which the Director of Social Welfare was to process the file, revive the post and consider the representation. MCA 250/2026 stands disposed of; Contempt Petition No. 18 of 2026 listed on 06.07.2026 for compliance.

934 MCA 250 2026

Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.250 OF 2026

WITH WRIT PETITION NO.125 OF 2025

MISC.CIVIL APPLICATION NO.250 OF 2026

IN WRIT PETITION NO.125 OF 2025

THE DEPARTMENT OF SOCIAL WELFARE

THR THE DIRECTOR ... APPLICANT Versus

TOLINO SALVADOR DSOUZA ... RESPONDENT

Ms. Sulekha Kamat, Additional Government Advocate for the Applicant.

Mr. Vibhav Amonkar, Advocate for the Respondent.

WITH

CONTEMPT PETITION NO.18 OF 2026 IN WRIT PETITION NO. 125 OF 2025

TOLINO SALVADOR DSOUZA ... PETITIONER

Versus

THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 2 ORS ... RESPONDENTS

Mr. Vibhav Amonkar, Advocate for the Petitioner

Ms. Sulekha Kamat, Additional Government Advocate for the State.

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______________ 6^th May, 2026

934 MCA 250 2026

CORAM:- VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.

DATED :- 6^th May, 2026

P.C.:

Registry to waive office objections and register the matter (MCA No. 250/2026).

This is a contempt petition against the Respondents for noncompliance of this Court’s order dated 19.03.2025, under which time was further extended to comply with the same, vide order dated 08.07.2025. According to this Court’s order, the Director of Social Welfare was required to decide the representation of the Petitioner, who suffers from disability which is covered under Disability Act, for promotion to the post of Upper Division Clerk (UDC). The department at the relevant time had a post reserved for disabled persons, and the Petitioner had claimed the right to be promoted to that post since he is already working with that department.

The Department has today pressed for extension of time vide Miscellaneous Civil Application No. 250 of 2026, citing various reasons therein for why representation is not been considered till date. According to the department, the post has lapsed on 01.01.2024, i.e. even prior to passing of this Court’s order, though this fact was never brought to the notice of this Court, according to

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______________ 6^th May, 2026

934 MCA 250 2026

the department, a file was moved on 17.03.2025, that is more than a year after the post has lapsed for revival of the post and after final approval, the file is still pending with the Finance Department. As on date, there are no orders which have been passed by the Finance Department or by the Social Welfare Department to revive the post. Under these circumstances, representation itself could not be considered.

Whilst we are not against the reasons given for extension of time, more so because the post has lapsed prior to passing of the order dated 19.03.2025 and this fact was not brought to the notice of this Court, we deem it appropriate in the interest of the Petitioner that time shall be extended by two months for the representation to be decided; considering that the process of revival of the post is still ongoing, we deem it appropriate, even though this is a matter of contempt jurisdiction to direct the Finance Secretary, Government of Goa to process the file in question and to grant final approval at the earliest and preferably within three weeks from today. The file then shall be processed by the Director of Social Welfare, and the post shall be revived, and thereafter the representation be considered. We expect that this entire process will be completed in the timeline that we now granted.

The Miscellaneous Civil Application No. 250 of 2026 stands disposed of.

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6^th May, 2026

934 MCA 250 2026

List Contempt Petition No. 18 of 2026 on 06.07.2026 for compliance.

AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J.

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6^th May, 2026