- (1.) Delay condoned.
(2.) Leave granted. We have heard learned counsel on both sides.
(3.) The question of law raised by Mr Dhruv Mehta, the learned counsel for the appellant, is whether the respondents are absorbed employees within themeaning of Section 2 (a) of the Goa, Daman and Diu (Absorbed Employees) Act, 1965 (for short 'the Act'). The admitted position is that Goa, Daman and Diu which hitherto was under the hold of the Portuguese, was liberated on 20-12- 1961 and integrated as part of Indian territory. The posts in the Judicial Department were created by a Portuguese decree. All the respondents came to be appointed on or after 20/12/1961, sometime in the year 1963. The Commissioner (Finance) of Goa, Daman and Diu Administration had issued a circular on 15/9/1962 prescribing pay scales to various posts. For the posts in the Judicial Department held by the respondents, the pay scale was Rs. 335-525. Their representation to the government for fixation of pay scales prescribed for the posts created by the Portuguese administration, was considered and an order came to be passed on 20/9/1989 under which they are made entitled to the pay scales initially prescribed to the posts under the Portuguese decree. But, subsequently, the government, having realised the mistake had cancelled the same by proceedings dated 27/12/1990. That order came to be challenged in the High court which had held that by operation of Section 5 of the Goa, Daman and Diu (Administration) Act, 1962 (I of 1962, the respondents came to be continued on the posts created prior to 20/12/1961 and, therefore, they were entitled to the pay scales prescribed for those posts. The said order of the High court was made in Writ Petition No. 77 of 1991, dated 30/8/1993 and followed in other cases which are the subject-matter of these appeals.;