IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 445 OF 2010 SHRI. MAHABALESHWAR KRISHNA NAIK AND 2 ORS., ... Petitioners Versus M.E.S. COLLEGE OF ARTS AND COMMERCE THROUGH ITS PRINCIPAL AND 3 ORS., ... Respondents Mr. S. M. Walwaikar, Advocate for the Petitioners. Mr. S. Bandodkar, Addl. Government Advocate for the Respondent Nos. 2 to 4. Coram:- A. S. OKA & F. M. REIS, JJ. Date:- 27th July, 2010 P.C. Heard the learned Counsel appearing for the Petitioners and the learned Addl. Government Advocate for the Respondent Nos. 2 to 4. The grievance of the Petitioners in this Petition under Article 226 of the Constitution of India is that the Petitioners have not been placed in the pay scale of Rs.4000-100-6000 in terms of the order dated 31st March, 1998 (Annexure P-2 to this Petition). By the said order, the State Government sanctioned the Vth Pay Commission scales to the non-teaching staff of aided Colleges.The Petitioners have made a representation dated 28th September, 2007 contending that they were entitled to pay scale of Rs.4000-100-6000 as per the Vth Pay Commission. It appears that the Principal of the College with which the Petitioners are employed as Peons has submitted a recommendation dated 19th November, 2007 to the under Secretary ( Higher Education ) Government of Goa,Panaji, recording that the benefit of pay scale of Rs.4000-100-6000 deserves to be extended to the Petitioners. 2. The learned Additional Government Advocate on instructions stated that the Director of the Directorate of Higher Education, Government of Goa, Panaji, will decide the representation/recommendation made by the Principal of the College within a period of three months from today. He pointed out that on 8th July, 2010 the Director has called for certain information from the Principal of the College. 3. In view of what is stated above, it is not necessary to entertain this Petition at this stage. However, the Director will have to ensure that the decision is taken within the outer limit of three months, as we are informed that the Petitioners are likely to reach age of superannuation within a short time. 4. Hence, we pass the following order : O R D E R (A) The Director of the Directorate of Higher Education, Government of Goa, Panaji, shall decide the representation dated 19th November, 2007 ( Annexure P-3) within a period of three months from today. (B) The decision taken on the representation shall be communicated to the Petitioners as well as to the Principal of the College within a period of one week from the date on which the decision is taken. (C) If the decision is adverse to the Petitioners, it will be open for the Petitioners to challenge the same in accordance with law. We keep all the contentions of the Petitioners open. A. S. OKA, J. F. M. REIS, J. at*