U. D. Salvi, J. - (1.)Sagacity of the State's decision in imposing cut off date as 01.01.2001 for giving benefit of pay fixation on the revised/ interim revised pay scales with fitment weightage of 40 % to only those employees in service as on 01/01/2001 and denying such benefit to all other employees, who resigned, retired, expired or ceased to be in service during the period from 01/01/1996 to 31/12/2000 vide order dated 11/04/2001 is brought in question in the present petition.
(2.)The petitioner No. 1, the All Goa Government's Pensioner Association is a society registered under the Societies Registration Act, 1860 for the purposes of espousing the cause of the pensioners. Other two petitioners are pensioners, who have retired between 01/01/1996 and 31/12/2000. According to these petitioners, the recommendations of 4th Pay Central Commission came to be accepted and implemented with effect from 01/01/1986; and subsequently when the State of Goa came into existence by virtue of Goa, Daman and Dieu State Organisation Act, 1987, the pay scales of certain posts/ categories of employees were revised; and on the representations made by the Goa government's employees association, there was a general pay revision resulting in grant of interim revised scales.
(3.)Later on, the petitioners state, the respondent State accepted the recommendation of 5th Central Pay Commission with effect from 01/01/1996 vide orders dated 27.10.1997 and 17.11.1997 with clarification that the revisions/ interim revisions effected after 01.01.1986 shall be ignored for the purpose of determination of the corresponding scales payable as per the recommendation of 5th Central Pay Commission. The petitioners further state that the Goa Government's Employees Association raised demand for protection of the last pay drawn by the Government employees in the revised/ interim revised pay scale as on 01/01/1996 with 40 % fitment weightage; and the respondent State accepted the said demand subject to the terms and conditions stipulated in the order dated 11/04/2001. In doing so, the petitioners state, the respondent State excluded the past employees, who had retired during the period 01/01/1996 to 31/12/2000 from the benefit, which would accrue as a result of the pay protection with 40 % fitment weightage in the revised/ interim revised pay scale as on 01/01/1996.