-1- IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 551 OF 2006 1. Venkatesh Chodankar Division IX, Tivim 2. Gunaji A. Bicholkar, Division VI, Mapuca. 3. K. D. Metti, Division IV Margao, 4. Baburao Chopdekar, Division I, Panaji. 5. Joaquim Rodrigues, Division I Panaji. ...... Petitioners V e r s u s 1. State of Goa through the Chief Secretary, with office at the Secretariat, Porvorim, Goa. 2. The Chief Electrical Engineer with office at Vidyut Bhavan, Panaji, Goa. ...... Respondents (The above addresses are the registered addresses of the parties for the purpose of service) Mr. M. B. da Costa, Senior Advocate for the Petitioners. Mr. S. S. Kantak, Advocate General with Mr. A. Kamat, Addl. Government Advocate for the Respondents. -2- CORAM : P. B. MAJMUDAR & U. D. SALVI, JJ. DATE : 17th February, 2009. ORAL JUDGMENT (Per P. B. MAJMUDAR, J ) The petitioners are Station Operators in the Electricity Department of Government of Goa. By filing this petition, it is prayed by the petitioners that the respondents be directed that their pay be appropriately fixed with reference to the last pay drawn as on 01.01.1996 and on the revised pay scale, fitment weightage of 40% may be given. 2. Initially, a Writ Petition was filed by the Station Operators in the Electricity Department of Government of Goa. The Division Bench of this Court by its Order dated 04.08.2003, directed the respondents to place the Station Operators in the Electricity Department in the pay scale of Rs.4000-6000 with effect from 01.01.1996. The learned Counsel for the Petitioners submitted that their pay was not revised in the manner in which it is required to be revised and that as per the Revised Pay Fixation Statement annexed in the Writ Petition at page 43, additional 40% of basic pay (Fitment weightage), which was required to be given was not given. -3- 3. The learned Advocate General, on the other hand, submitted that as per the Revised Pay Fixation Statement, the proposed scale of pay under the Vth Pay Commission, was required to be fixed at Rs. 4000-6000 w.e.f. 01.01.1996 in view of the High Court's Judgment. It is submitted that the proposed scale which is fixed at Rs.3050-75-3950-80-4590 under Clause 2(c) and 5 in the Revised Pay Fixation Statement is, as such, shall be considered by the State as Rs.4000-6000 w.e.f. 01.01.1996. As per the Order of the Division Bench, the learned Advocate General submitted that necessary amendment will be carried out and instead of Rs.3050-75-3950-80-4590 under Clauses 2(c) and 5, Rs.4000-6000 will be made and this fixation will be accordingly made w.e.f. 01.01.1996 and, on the basis of such revision in the scale if the said petitioners are entitled to any difference, the same will be paid to them. The pay scale to be revised accordingly in the aforesaid terms. 4. In view of the aforesaid stand taken by the learned Advocate General, learned Counsel for the Petitioners states that he is not pressing the Petition on any other issue. Petition is disposed off accordingly. Government to act accordingly and, if any amount of arrears are to be paid to the petitioners, the same may be paid accordingly within a period of six months from today. -4- 5. Petition is disposed off accordingly. P. B. MAJMUDAR, J. U. D. SALVI, J. arp/*