GOVERNMENT OF GOA Vs. J M R NORONHA
LAWS(SC)-2009-7-12
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on July 22,2009

GOVERNMENT OF GOA Appellant
VERSUS
J M R NORONHA Respondents

JUDGEMENT

R. M. Lodha, J. - (1.) Leave granted.
(2.) J.M.R. Noronha, respondent, filed a writ petition before the High Court of Bombay at Goa praying therein for following reliefs : "(a) That this Honble Court be pleased to pass an appropriate Writ of Mandamus, order or direction, calling for the records proceedings before the respondent No. 1/Committee which was constituted pursuant to the Judgment of this Honourable Court dated 25.3.1998 in Writ Petition No. 48/97 and after examining the legality, validity and the reasonability of the decision of the Committee be pleased to quash and set aside the same. (b) that this Honble Court be pleased to grant an appropriate Writ of Mandamus or any other appropriate writ, order or direction, ordering and directing the Respondents herein to forthwith grant to the petitioner, the benefit of revised A.I.C.T.E. pay scale of Rs. 3700-5700, instead of and in place of Rs. 2200-4000, with effect from the date, as granted to other similarly situated persons vide Order dated 7.5.1994."
(3.) The Division Bench allowed the writ petition in terms of prayer clauses (a) and (b) on the ground of discrimination, namely, that the Workshop Superintendent of the Agnel Polytechnic, Verna was given the revised pay scale of Rs. 3700-5700 while the petitioner was denied the same pay scale. This is what the Division Bench said : "9. We have not thought it necessary to consider the submission made by Shri Sonak on behalf of the petitioner, that Shri A. K. Bidkar should not have associated himself with the Committee or its deliberations, in view of the fact that we find that the grievance made out in the petition that the petitioner has been discriminated against is justified. Nothing is placed on record to show as to why the Workshop Superintendent of the Agnel Polytechnic, Verna, was found to be entitled to the revised pay scale, whereas the petitioner was not........." ;


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