Supreme Court - Daily Orders
Re Pension Benefits For Employees Retd. ... vs State Of Goa on 22 November, 2024
Author: Abhay S. Oka
Bench: Abhay S. Oka
ITEM NO.45 COURT NO.5 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 464/2023
RE PENSION BENEFITS FOR EMPLOYEES RETD.
FROM HIGH COURT OF BOMBAY AT GOA Petitioner(s)
VERSUS
STATE OF GOA & ORS. Respondent(s)
(MR. MAHFOOZ NAZKI, ADVOCATE, COUNSEL WILL APPEAR AS AMICUS CURIAE
AS PER HON'BLE COURT'S ORDER DATED 17.04.2023
IA No. 234832/2023 - CLARIFICATION/DIRECTION
IA No. 234833/2023 - EXEMPTION FROM FILING O.T.
IA No. 234830/2023 - INTERVENTION/IMPLEADMENT)
Date : 22-11-2024 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
By Courts Motion
Mr. Mahfooz Nazki, Adv. (Amicus Curiae)
For Petitioner(s)
For Respondent(s)
Mr. Tushar Mehta, Solicitor General
Mr. Abhay Anil Anturkar, Adv.
Mr. Dhruv Tank, Adv.
Mr. Aniruddha Awalgaonkar, Adv.
Ms. Surbhi Kapoor, AOR
Mr. Sarthak Mehrotra, Adv.
Mr. Bhagwant Deshpande, Adv.
Ms. Subhi Pastor, Adv.
Mr. Atmaram N.S. Nadkarni, Sr. Adv.
Mr. Salvador Santosh Rebello, AOR
Ms. Kritika, Adv.
Ms. Manisha Gupta, Adv.
Ms. Deepti Arya, Adv.
Signature Not Verified
Ms. Arzu Paul, Adv.
Digitally signed by
ANITA MALHOTRA
Date: 2024.11.26
Mr. Rishikesh Haridas, Adv.
18:59:51 IST
Reason: Ms. Himanshi Nagpal, Adv.
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Mr. Shrirang B. Varma, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Sandeep Sudhakar Deshmukh, AOR
Mr. Nishant Sharma, Adv.
Mr. Patil Avi Vilas, Adv.
Mr. Savadikar Ankur Shirish, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The Chief Secretary of the State of Goa Dr.V.Candavelou, IAS is present today in the Court through video conference. He has filed an additional affidavit and has tendered an unconditional apology to the Court. In the affidavit, the Chief Secretary, State of Goa has stated thus:
"5. The answering Respondent submits that the Rules as framed by the Drafting Committee of the Hon'ble High Court of Bombay viz. the High Court of Bombay at Goa Officers and the members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules, 2024 (hereinafter "2024 Rules"] have now been notified vide Notification No.14/06/2018-LD(Estt)/2243 dated 15.11.2024. The preface to the 2024 Rules reads as under:
"In exercise of the powers conferred by Article 229 of the Constitution of India and in supersession to the Government earlier Notification No.14/6/2018-LD(Estt) dated 02-06-2023 published in the Extraordinary Official Gazette, Series I No.9 dated 03-06-2023, Notification No.14/6/2018- LD(Estt) dated 21-06-2023 published in the 2 Extraordinary Official Gazettte, Series I No.12 dated 22-06-2023 and Notification No.14/6/2018-LD (Estt) dated 20-05-2024 published in the Extraordinary Official Gazette, Series I No.7 dated 21-05-2024 the Hon'ble the Chief Justice of the High Court of Judicature at Bombay hereby makes the following Rules to regulate the method of recruitment and other conditions of service of the Officers and the members of the staff serving on the Establishment of the High Court of Bombay at Goa and all other matters incidental thereof:-"
Thus, the Rules published vide Notification dated 03.06.2023 now stand expressly superseded by the 2024 Rules."
It is stated by the Chief Secretary that the Rules published on 15th November, 2024 are in terms of the draft forwarded by the High Court. The statements made in the affidavit are taken on record.
Our attention is invited to the judgment and order dated 30th July, 2024 passed by the High Court of Bombay at Goa in Writ Petition (Civil)Nos.186 and 409 of 2024. It is obvious that the re-fixation, as directed by the High Court in terms of paragraph 41 of the judgment, will be in terms of the Rules dated 15th November, 2024 referred above.
The High Court has already granted time of one year to the State Government to pay the arrears, as directed in paragraph 41 of the aforesaid decision. The State 3 Government shall endeavour to pay the arrears, as expeditiously as possible, and, in any event, within the outer limit fixed by the High Court. No further directions are required to be issued.
Accordingly, the Writ Petition is disposed of. Pending applications also stand disposed of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
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