Panaji, 28th March, 2019 (Chaitra 7,1941)
SERIES II No. 52
RNI No. GOAENG/2002/6410
Reg. No. G-2/RNP/GOA/32/2018-20
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: [email protected]
1073
GOVERNMENT OF GOA
Department of Agriculture
Directorate of Agriculture
__
Corrigendum
No. 2/9/95-AGR/2018-19/Part(I)/385
Read: Order No. 2/9/95-AGR/2018-19/Part(I)/370 dated 06-03-2019.
In the above referred order column No. 3 designation & place of present posting of incumbent at
Sr. No. 12, 13 & 14 may be read as below:
Sr.
Name of the
Designation & Place
Place of posting on regular promotion
No.
officer
of present posting
to the post of Agriculture Officer
1
2
3
4
12.
Smt. Rouchelle “Adhoc Agriculture Officer, posted as
On regular promotion to be retained
Fernandes
Agriculture Officer (North-I), District
as Agriculture Officer (North-I), District
Agriculture Office, North”
Agriculture Office, North.
Instead of
“Officiating Agriculture Officer posted
as Agriculture Officer (North-I),
District Agriculture Office, North”
13.
Shri Shariff
“Adhoc Agriculture Officer, posted as
On regular promotion to be posted
Anthony
Farm Superintendent, Government
against the newly created post of
Furtado
Agriculture Farm Codar”
Agriculture Officer, District Agriculture
Office, South under B.H. 2401-00-105-
-02-01.
Note:-
There are seven Extraordinary issues to the Official Gazette, Series II No. 51 dated 22-03-2019 as follows:—
(1) Extraordinary dated 22-03-2019 from pages 1049 to 1050 regarding Notification from Department of
General Administration.
(2) Extraordinary (No. 2) dated 23-03-2019 from pages 1051 to 1058 regarding Notifications from Department
of Elections.
(3) Extraordinary (No. 3) dated 25-03-2019 from pages 1059 to 1064 regarding Notification from Department
of Elections.
(4) Extraordinary (No. 4) dated 27-03-2019 from pages 1065 to 1066 regarding Direction from Department of
Elections.
(5) Extraordinary (No. 5) dated 27-03-2019 from pages 1067 to 1068 regarding Notification from Goa Legislature
Secretariat.
(6) Extraordinary (No. 6) dated 27-03-2019 from pages 1069 to 1070 regarding Notification from Department
of General Administration.
(7) Extraordinary (No. 7) dated 27-03-2019 from pages 1071 to 1072 regarding Notification from Goa Legislature
Secretariat.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
28TH MARCH, 2019
1074
Instead of
“Officiating Agriculture Officer,
posted as Farm Superintendent,
Government Agriculture Farm Codar”
14.
Shri Sujay M.
“Adhoc Agriculture Officer, posted as
On regular promotion to be posted on
Shirodkar
Agriculture Officer (NRM/PMKSY),
deputation against the post of Manager
Directorate of Agriculture”
Farms, Goa State Horticulture Corporation
Ltd.
Instead of
“Officiating Agriculture Officer
(NRM/PMKSY), Directorate of
Agriculture”
By order and in the name of the Governor of Goa.
Madhav B. Kelkar, Director & ex officio Joint Secretary (Agriculture).
Tonca-Caranzalem, 20th March, 2019.
———uuu———
Department of Forest
Principal Chief Conservator of Forests
__
Order
No. 1-II-19(151)FD/2014-19/5580
Whereas Kum. Efa Do Rosario Vaz, while
functioning as Round Forester of this department
was posted/deputed in the office of the then
Hon’ble Minister for PWD, RDA, Science &
Technology, Porvorim on working arrangement
from 29-12-2008 (a. n.).
And whereas Kum. Efa Do Rosario Vaz, Round
Forester was relieved from the office of the Hon’ble
Minister for PWD, RDA, Science & Technology on
20-02-2012 with direction to report to her parent
department/office i.e. office of the Dy. Conservator
of Forests, Wildlife & Eco-Tourism (North), Panaji
with immediate effect.
And whereas Kum. Efa Do Rosario Vaz, Round
Forester failed to report for duty at the office of the
Dy. Conservator of Forests, Wildlife & Eco-Tourism
(North), Panaji till date.
And whereas, Kum. Efa Do Rosario Vaz, Round
Forester instead of reporting to duty approached
various Ministers at local and central Government
level to address her grievances.
And whereas as per Rule 20 of CCS (Conduct)
Rules, 1964 and Government of Goa’s Circular
No. 2/2/2001-PER dated 09-10-2012, Government
employees are refrained from approaching
Ministers/Political functionaries to address their
grievances.
1
2
3
4
And whereas Kum. Efa Do Rosario Vaz, Round
Forester declined to accept the various
correspondence addressed to her by this office
through Postal Authorities, which were returned
with the remark ‘Unclaimed’.
And whereas vide Memorandum No. 1-II-19(151)/
/2003-14/6855 dated 20-03-2014, a Departmental
Inquiry under Rule 14 of CCS (CCA) Rules, 1965 was
initiated against Kum. Efa Do Rosario Vaz, Round
Forester to inquire into the above said charges.
And whereas Inquiry Report No. RES/ACF/
/INQUIRY/2015-16/514 dated 14-07-2016 was
submitted by the Inquiry Officer to the Disciplinary
Authority.
And whereas vide this office letter No. 1-II-19
(151)FD/2014-17/5236 dated 23-01-2017, the said
inquiry report was served on Kum. Efa Do Rosario
Vaz, through postal authorities for submitting
written representation if any. However, the same
was returned by the Postal Authorities with the
remarks “UNCLAIMED”.
And whereas a notice dated 23-05-2017, was
issued to Kum. Efa Do Rosario Vaz, Round Forester
through local newspapers giving her last chance
to respond, failing which her services shall be
terminated w.e.f. 21-02-2012. However, she did not
respond to the notice.
And whereas vide letter No. 1-II-19 (151)/FD/
/2014-18/6327 dated 09-03-2018 a final opportunity
was given to Kum. Efa Do Rosario Vaz, Round
Forester to explain the reason for abstaining from
duties from 24-02-2012 and the reason for not
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
28TH MARCH, 2019
1075
accepting the correspondence addressed to her
by the office. However, the said letter was also
returned by the Postal Authorities with the remarks
“UNCLAIMED”.
Now therefore after carefully going through the
Inquiry Report and other records available in this
department, the Principal Chief Conservator of
Forests/Disciplinary Authority in exercise of his
powers vested in him under Rule 11(ix) of CCS
(CCA) Rules, 1965, hereby award her the penalty
of dismissal from Government service w.e.f.
20-02-2012. The period of unauthorized absence
from duty from 20-02-2012 till the date of issue of
this order is treated as ‘Period not spend on Duty’
for all purpose.
This issues with the approval of Principal Chief
Conservator of Forests.
Dr. N. Palanikanth, IFS, Dy. Conservator of Forests
(Headquarter).
Panaji, 8th March, 2019.
———uuu———
Department of Labour
__
Notification
No. 28/2/2019-LAB/229
The following award passed by the Labour
Court-II, at Panaji-Goa on 27-02-2019 in case
No. LC-II/IT/03/2016 is hereby published as
required under Section 17 of the Industrial Disputes
Act, 1947 (Central Act 14 of 1947).
By order and in the name of the Governor of
Goa.
A. S. Mahatme, Under Secretary (Labour).
Porvorim, 25th March, 2019.
______
IN THE LABOUR COURT-II
GOVERNMENT OF GOA
AT PANAJI
(Before Shri Suresh N. Narulkar, Hon’ble
Presiding Officer)
Case No. LC-II/IT/03/2016
Shri Sudhakar Borkar,
Rep. by the General Secretary,
Kadamba Kamgar Union,
Bg-10, Gr. Floor,
Casa Immaculade Jose,
Panaji-Goa.
….
Workman/Party I
V/s
The Managing Director,
M/s. Kadamba Transport
Corporation Ltd.,
Paraise de Goa,
Alto-Porvorim, Goa.
…..
Employer/Party II
Workman/Party I represented by Adv. Shri A.
Kundaikar.
Employer/Party II represented by Adv. Shri P.
Agarwal.
Panaji, Dated: 27-02-2019
AWARD
1. In exercise of the powers conferred by Clause
(c) of sub-section (1) of Section 10 of the Industrial
Disputes Act, 1947 (Central Act 14 of 1947), the
Government of Goa by Order dated 15-01-2016
bearing No. 28/55/2015-Lab/27 referred the
following dispute for adjudication to this Labour
Court-II of Goa at Panaji, Goa.
“(1) Whether there is an anomaly in the pay
fixation made by M/s. Kadamba Transport
Corporation Limited, Panaji, Goa, in respect
of Shri Sudhakar G. Borkar, Conductor,
thereby depriving the monetary benefits to
the workman?
(2) If the answer to issue No. (1) above is in the
affirmative, then, what relief the workman is
entitled to?”
2. On receipt of the reference, a case was
registered under No. LC-II/IT/03/16 and registered
A/D notice was issued to the Parties. In pursuance
to the said notice, the Parties put in their
appearance. The Workman/Party-I (for short
‘Workman’), filed his Statement of Claim on
30-03-2016 at Exhibit 5. The facts of the case in
brief as pleaded by the Workman are that he was
appointed as ‘conductor’ by the Employer/Party-II
(for short “Employer”) in the year 1982. He stated
that he was designated as ‘conductor’ TBPS and
the existing emoluments as on 01-01-2006 was fixed
in the pay scale of Rs. 4000-100-6000/- and his basic
pay was Rs. 4700/-, DA of Rs. 2350/-. He stated that
his pay in the revised pay band was fixed at
Rs. 8750/- plus Rs. 2400/- grade pay. He stated that
in terms of circular dated 21-11-2000 and on
recommendation of departmental promotional
committee, he was granted Time Bound Promotional
Scale (TBPS) in the pay scale of Rs. 4000-100-6000/-
w.e.f. 01-11-2000 by order dated 28-01-2003. He
stated that on recommendation of departmental
promotional committee, he was granted second
up-gradation on completion of 25 years of service
in the same grade in accordance with the existing
hierarchy in cadre/category of post in the pay scale
OFFICIAL GAZETTE — GOVT. OF GOA
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of Rs. 4000-100-6000/- under the Assured Career
Progression Scheme w.e.f. 01-04-2007. He stated
that his increment was fixed at Rs. 5100/- w.e.f.
01-04-2008. He stated that on implementation of
the Assured Career Progression Scheme (ACPS)
he was entitled for arrears with effect from
23-09-2008. He stated that he was granted ACP
up-gradation between 01-01-2006 and 31-08-2008
and therefore he had option to have his pay fixed
in the revised pay structure w.e.f. the date of
financial up-gradation under the ACP with
reference to the pre-revised scale granted under
ACP. He stated that he was granted financial
up-gradation in the next higher scale in the
hierarchy of the cadre as per the provisions of ACP
and therefore on implementation of career
progression scheme recommendation the next
higher post in hierarchy of the cadre to be upgraded
by granting higher pay grade. He stated that he
was deprived of the financial up-gradation as
required under the scheme resisted the fixation of
pay scale as there was anomaly in pay fixation by
letter dated 04-03-2009. He stated that consequent
upon the adoption of sixth pay scale and as
extended to the employees of the Employer his pay
scale was fixed by order dated 31-05-2010. He
submitted that after implementation of the MACPS,
he was entitled for two financial up-gradation to
the next higher grade of Rs. 4600/- in the pay band
which has been denied to him resulting in anomaly
in pay fixation. He submitted that however, the
said anomaly was not rectified and therefore there
was disparity in pay fixation under the ACPS.
3. He stated that consequent upon the adoption
of sixth pay, his pay was revised. He stated that on
recommendation of the departmental promotion
committee and on completion of 30 years of
service in the same cadre, he was granted third
up-gradation in the pay band of Rs.9300-
34800+4200/- grade pay under the Modified
Assured Progression Scheme (MACPS) and his
basic pay was fixed at Rs. 12480/- + Rs. 4200/-
grade w.e.f. 01-04-2013 by order dated 26-06-2014.
He submitted that he was entitled for arrears w.e.f.
01-04-2013 in accordance with the said order
however, till date he was not paid the arrears
arising out of the said order.
4. The Workman challenged the anomaly in his
pay fixation on account of non-implementation of
third financial up-gradation under MACPS, thereby
depriving the monetary benefits to him. The
Workman contended that he is illegally deprived
of the benefits of third up-gradation despite of the
eligibility in accordance with the MACPS. He
submitted that he was granted ACP up-gradation
between 01-01-2006 and 31-08-2008 and therefore
he had option to have his pay fixed in the revised
pay structure w.e.f. the date of financial
up-gradation under the ACP with reference to the
pre-revised scale granted under the ACP. He
submitted that he shall be entitled for the arrears
of pay from the date of his financial up-gradation
and that the revision was not done accordingly. He
submitted that he was granted financial
up-gradation in the next higher scale in the
hierarchy of the cadre as per the provisions of ACP
and therefore on implementation of career progress
recommendation, the next higher post in the
hierarchy of the cadre to be up-graded by granting
higher pay grade. He submitted that the action of
the Employer smacks of malafide and is ex-facie
instance of unfair labour practice. He submitted
that he was denied implantation of second
up-gradation despite of eligibility only to victimize
him. He submitted that the action of the Employer
in not extending the benefits of implementation of
the second financial up-gradation is illegal and in
the interest of justice, he be released with the
second financial up-gradation on completion of
20 years of service in October, 2013.
5. He stated that his case is gross case wherein
the workmen have been compelled to seek
sanctuary in portals of the Hon’ble Tribunal. He
submitted that he is grossly discriminated against
the whims and caprices of unmoving bureaucracy.
He submitted that the illegal denial of
up-gradation under the MACPS have resulted in
anomaly in pay fixation and therefore the pay
fixation is not fair and is not inconsistence with
the MACPS. The Workman therefore prayed that
the Hon’ble Tribunal be pleased to pass an award
holding that his withholding that the revision of
pay scale is not in consonance with the scheme
and release the monetary benefits in accordance
with the scheme and that the Employer be directed
to pay the arrears as accrued to him in accordance
with the pay revision. The Workman further prayed
that this Hon’ble Court be pleased to grant the
monetary benefits on grant of third financial up-
gradation from the date of eligibility and other
consequential benefits attached to the third
financial up-gradation.
6. The Employer resisted the claim of the
Workman by filing its written statement on
02-09-2016 at Exb. 09. The Employer, as and by way
of its preliminary objections, submitted that the
reference is not maintainable as there is no
industrial dispute exist between the parties as
defined u/s 2 (k) of the I.D. Act, 1947, and that the
reference has been made by the Government of
Goa without any material on record, in haste and
without application of mind.
OFFICIAL GAZETTE — GOVT. OF GOA
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28TH MARCH, 2019
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7. The Employer stated that it is a Government
Company registered under Section 617 of the
Companies Act, 1956 and also a State Transport
Undertaking under the Provisions of Motor Vehicles
Act, 1988. The Employer stated that it has been
served with the copy of the claim statement filed
by the Workman with distorted facts. The Employer
stated that its employees are not the employees of
the Government of Goa. The Employer stated that
it being a separate legal entity altogether different
of Government of Goa, the service benefits being
granted by the Government of Goa to its employees,
do not become automatically applicable to its
employees. The Employer stated that its employees
are governed by its own Certified Standing Orders.
The Employer stated that the service condition
applicable to its employees are specified in its
Certified Standing Orders as well as Memorandum
of Settlement drawn between its management and
its employees union from time to time. The
Employer stated that the service conditions of its
employees are not governed by Government
notifications, regulations, orders etc. which are
applicable to the Government employees only. The
Employer stated that any benefits, which are
required to be extended to its employees, are
required to be extended by the resolution of its
Board of Directors or through the settlement arrived
at between its management and its workmen union.
The Employer stated that similarly, there are certain
benefits which are otherwise not applicable to the
Government employees, but the same are made
available to its employees. The Employer stated
that the Workman represented by the union raised
a dispute before the conciliation authority
demanding
the
implementation
of
the
recommendation of the sixth central pay
commission as made applicable to the employees
of the Government of Goa. The Employer stated
that the dispute was taken into conciliation and
the point of amicable settlement was arrived
between both the parties and a memorandum of
settlement dated 30-04-2010 u/s 12(3) r/w 18 (3) of
the I.D. Act, 1947 was signed. The Employer stated
that in accordance with the O.M. dated 15-05-2012
which is also a part of the recommendation of sixth
central pay commission, they placed a proposal
before the board seeking approval for applying the
benefits of the said O.M. to the eligible workmen.
The Employer stated that its board was pleased to
approve in principle the proposal vide resolution
No. 82/2012 subject to the clarification from the
Government and thereafter the pay of the workman
including other eligible workmen were revised vide
order dated 10-06-2013 in accordance with said
O.M. dated 15-05-2012. The Employer stated that
the sixth pay commission, in para 6:1:15 of its
report, had recommended MACPS. The Employer
stated that as per the resolution No. 110/11 passed
by its Board of Directors in its 176th meeting
MACPS was adopted to its eligible employees, who
have completed 10-20-30 years of regular service
vide the aforesaid resolution and circular dated
27-11-2012. The Employer stated that on the
recommendation of the departmental promotional
committee, the workmen including the workman
under reference who were eligible were extended
the benefits of the MACPS.
8. The Employer stated that the workman joined
in its service w.e.f. 06-10-1982 on daily wages. The
Employer stated that the services of the Workman
were regularized w.e.f. 01-04-1983. The Employer
stated that the conductors’ promotional avenue is
traffic controller and traffic controller to assistant
traffic inspector. The Employer stated that as per
the provisions of fifth pay commission the scale of
the conductor was Rs. 3050-75-3950-80-4590. The
Employer stated that the scale of the controller
was Rs. 4000-100-6000/-. The Employer stated that
upon granting ACP (second financial up-gradation)
to the workman, his scale was fixed in the next
promotional pay scale at Rs. 4000-100-6000/- which
scale was a promotional scale to the post of Traffic
Controller to Asstt. Traffic Inspector. The Employer
stated that at the time of fixation of sixth pay
recommendations, those conductors were granted
ACPS as second up-gradation as the grade pay of
the existing post and promotional post is same.
The Employer therefore submitted that the pay
fixation which was made to the workman is in
order and as such there is no cause of action arouse
to the present dispute and the reference is
therefore bad and not maintainable. The Employer
denied the overall case as pleaded by the Workman
and prayed that the reference be rejected.
9. Thereafter, the matter was fixed for filing
rejoinder on 22-09-2016. However, Ld. Adv. Shri A.
Kundaikar, appearing for the Workman submitted
that the he did not wish to file any rejoinder.
10. Based on the pleadings filed by the parties
hereinabove, this court framed the following issues
on 07-11-2016 at Exb. 10.
1. Whether the Workman/Party-I proves that
there exist an anomaly in his pay fixation
made by the Employer/Party II, thereby
depriving him monitory benefits?
2. Whether the Employer/Party II proves that
the present order of reference is bad-in-law
and not maintainable in view of the reasons
mentioned in para 2 (a) and (b) as well as
para 4 to 14 of its written statement?
OFFICIAL GAZETTE — GOVT. OF GOA
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3. Whether the Workman/Party-I is entitled to
any relief?
4. What order? What award?
11. My findings to the aforesaid issues are as
under:
(a)
Issue No. 1
:
In the Negative.
(b)
Issue No. 2
:
In the Affirmative
(c)
Issue No. 3 & 4 :
As per final order.
REASONS
I have heard the oral arguments of Ld. Adv.
Shri A. Kundaikar appearing for the Workman as
well as Ld. Adv. Shri P. Agarwal appearing for the
Employer. Both the parties also filed their synopsis
of written arguments respectively. I have carefully
perused the entire records and proceedings of the
present case. I have also carefully considered the
oral as well as written submissions advanced by
the Ld. Advocates appearing for the respective
parties and is of the considered opinion as under:
12. Issue No. 1 and 2:
The Workman filed his statement of claim,
setting forth his grounds of challenge. It appears
from the pleadings of the Workman that he
challenged the anomaly in his pay fixation on
account of non-implementation of third financial
up-gradation under the MACPS thereby depriving
him monetary benefits by contending to be illegal
despite his eligibility, he shall be entitled for arrears
of pay from the date of financial up-gradation and
the revision was not done accordingly, his pay in
the revised pay structure shall be fixed with
reference to the higher grade pay granted to the
post and not extending the benefits of
implementation of second financial up-gradation
is illegal.
13. Undisputedly, the Workman under reference
joined in the services of the Employer as
‘conductor’ w.e.f. 06-10-1982 on daily wages. The
services of the Workman were subsequently
regularized with effect from 01-04-1983. By circular
dated 21-11-2000 (Exb. 26), the Board of Directors
has approved the implementation of Time Bound
Promotional Scale (TBPS) and made applicable to
its employees w.e.f. 01-11-2000. As per the said
TBPS, the employee should have put in at least 12
years of service in the existing post. The Workman
was issued an order dated 28-01-2003 (Exb.12) by
which he was granted TBPS in the pay scale of Rs.
4000-100-6000 w.e.f. 01-11-2000 and he was
designated as conductor (TBPS). By the said
order, the basic pay of the Workman was fixed at
Rs. 4200/-.
14. The Employer produced on record a copy of
O.M. dated 28-06-2001 (Exb. 28) pertaining to the
Assured Career Progression Scheme (ACP). As per
the circular dated 27-11-2012 issued by the
Managing Director of the Employer (Exb. 20), in
terms of the board resolution No. 116/2008 obtained
in its 160th meeting held on 23-09-2008, the eligible
employees were granted ACP. As per the
recommendations of the said ACP Scheme, the
financial up-gradation was available in the next
higher pay scale whenever an employee has
completed 12 years as first financial up-gradation
and 24 years as second financial up-gradation. The
Board of Directors of the Employer Corporation, in
its meeting held on 23-09-2008, unanimously
resolved to adopt the Assured Career Progression
Scheme (ACP) in substitution of TBPS with
prospective effect with effect from 23-09-2008
(Exb. 29). The Workman was accordingly issued
an order dated 25-02-2009 (Exb.13) on
recommendation of departmental promotion
committee and subsequent approval who have
completed 24 years of service as second up-
gradation in accordance with the existing
hierarchy in a cadre/category of post in the pay
scale of Rs. 4000-100-6000 under ACP in terms of
board resolution No. 116/2008 w.e.f. 01-04-2007.
By the said order his basic pay was shown as
Rs. 5000/- and basic pay after increment of
Rs. 5100/- w.e.f. 01-04-2008. Though the workman
completed 24 years of service in the same post, the
said order at Exb. 13 is erroneous and contrary to
the resolution at Exb. 29
15. The evidence on record indicates that the
Workman represented by the Union raised a dispute
before the conciliation authority demanding the
implementation of the recommendations of the sixth
central pay commission as made applicable to the
employees of the Government of Goa. The evidence
on record indicates that the dispute was taken
into conciliation and the point of amicable
settlement was arrived at between both the parties
and a memorandum of settlement dated 30-04-2010
was signed under section 12 (3) r/w Section 18 (3)
of the I.D. Act, 1947. Further, consequent upon the
adoption of sixth pay scale of the Central Civil
Services (Revised Pay) Rule, 2008 as extended to
the KTCL employees, the workman was issued a
provisional statement of pay fixation dated
31-05-2010 (Exb.15). By the said provisional
statement of pay fixation, the basic pay of the
workman as on 01-01-2006 has been shown as
Rs. 4700/- plus Rs. 2350/- as D.P. and Rs. 1692/- as
DA. By the said provisional pay fixation order the
revised pay band and grade pay of the workman
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
28TH MARCH, 2019
1079
has been shown as Rs. 5200-20200+Rs. 2400/-,
as against the pre-revised scale of Rs. 4000-100-6000/.
The said provisional statement of pay fixation at
Exb. 15 indicates that final pay fixation order will
be issued after receiving confirmation of the above
statement or within a period of 90 days from the
date of issue whichever is earlier. There is nothing
on record to show that the Workman has objected/
/made grievances against the said provisional pay
fixation at Exb.15.
16. The Employer Corporation was pleased to
adopt MACPS w.e.f. 01-09-2008 notionally and the
monetary benefits w.e.f. 01-01-2012 to its eligible
employees in substitution of its earlier ACP Scheme
in its 176th Board of Directors meeting held on
31-11-2011 (Exb. 20). In terms of the said MACPS,
there shall be three financial up-gradation after
completion of 10, 20 and 30 years of regular
service on the same post. By another order dated
16-12-2013 (Exb.30) on recommendation of
departmental promotional committee, the workman
who had completed 24 years of service in the said
post, was granted with benefits under the MACPS
in terms of BOD resolution No. 90/13 in the pay
band of Rs. 5200-20200+Rs. 2800 grade pay and his
basic was fixed at Rs. 10360/- + Rs. 2800/- grade
pay w.e.f. 01-09-2008 notionally and monetary
benefits from 01-01-2012. Further the Workman was
issued an order dated 26-06-2014 (Exb.14) on
recommendation of departmental promotional
committee who have completed 30 years of service
was granted third up-gradation in the pay band of
Rs. 9300-34800/- + Rs. 4200/- grade pay under
MACPS in terms of board resolution No. 110/11
and circular dated 27-11-2012. By the said order at
Exb. 14, the basic pay of the Workman was fixed
at Rs. 12480/- plus Rs. 4200/- grade pay w.e.f.
01-04-2013. The Workman was told to exercise an
option if he so desire within one month from the
date of the said order. Accordingly, by order dated
28-04-2016 (Exb. 16), the Workman made an option
application dated 07-08-2014 which was considered
and his basic pay was fixed at Rs. 12940/- plus
Rs.4200/- grade pay w.e.f. 01-07-2013. The Workman,
in his cross-examination, admitted that he has
received a sum of Rs. 1,30,000/- as an arrears from
the Employer till the date of his deposition and
one installment of Rs. 14,000/- is yet to receive by
him from the Employer. The Workman further
admitted that he has received the second last
installment of Rs. 14,000/- in pursuance of the order
of the Employer at Exb.16 before last fifteen days
from the date of deposition.
17. Ld. Adv. Shri A. Kundaikar, representing the
Workman in his written synopsis of arguments
submitted that the sole witness of the Employer
Shri V. D. Harmalkar admitted that the revised
pay band and grade pay corresponding to the
pre-revised scale has been erroneously shown as
Rs. 2400/- instead of Rs. 2800/- which is correct
grade pay w.e.f. 01-04-2007 on being shown to him
the provisional statement of pay fixation (Exb. 15).
However, I do not find any merits in the submissions
of Ld. Adv. A. Kundaikar appearing for the
Workman, as firstly, the pleadings of the workman
on record does not indicate that he has made any
grievances/challenge to the said provisional pay
fixation at Exb.15. Secondly, as stated in para 13
hereinabove, the said provisional statement of pay
fixation at Exb.15 indicates that final pay fixation
order will be issued after receiving confirmation of
the above statement or within a period of 90 days
from the date of issue whichever is earlier. There
is nothing on record to show that the Workman
has objected/made grievances against the said
provisional pay fixation at Exb. 15.
18. The workman had completed 24 years of
service in the same post as on 1-4-2007. The
Workman was issued two orders, one dated
25-02-2009 under ACP Scheme and another dated
16-12-2013 (Exb. 30), under the MACPS by which
the basic pay of the Workman was fixed at
Rs. 10360/- + Rs. 2800/- grade pay w.e.f. 01-09-2008
notionally and monetary benefits from 01-01-2012.
Hence, it is held that the Workman failed to prove
that there existed an anomaly in the pay fixation
of the Workman made by the Employer thereby
depriving him monetary benefits. The issue No. 1 is
therefore answered in the negative. It is further
held that Workman was given the benefits of TBPS,
ACP Scheme as well as the MACPS from time to
time immediately after the date of introduction of
the said schemes, thereby, does not exist any
anomaly in the Pay Fixation of the workman. The
Issue No. 2 is therefore, answered in the affirmative.
19. Issue No. 3:
While deciding the issue No. 1, I have discussed
and come to the conclusion that the Workman
failed to prove that there existed an anomaly in
the pay fixation of the Workman made by the
Employer thereby depriving him monetary benefits.
The Workman is therefore not entitled to any relief.
The issue No. 3 is therefore answered in the
negative.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
28TH MARCH, 2019
1080
In view of the above discussion and with regards
to the facts and circumstances of the case, I pass
the following order:
ORDER
1. It is held that the Workman failed to prove
that there exist an anomaly in pay fixation
of Workman thereby depriving him the
monetary benefits.
2. It is further held that the Workman,
Shri Sudhakar Borkar, Conductor, is not
entitled to any relief.
3. No order as to costs.
Inform the Government accordingly.
Sd/-
(Suresh N. Narulkar)
Presiding Officer,
Labour Court-II.
———uuu———
Department of Personnel
__
Order
No. 6/3/2002-PER (Vol.I)/940
Read: Order No. 6/3/2002-PER (Vol. I) dated
04-07-2017.
Order No. 6/3/2002-PER (Vol. I)/3069
dated 11-10-2017.
Order No. 6/3/2002-PER (Vol. I)/771 dated
06-03-2019.
Whereas, on the recommendation of the
Departmental Promotion Committee (DPC) meeting
held on 28-06-2017, as conveyed by the Goa Public
Service Commission vide letter No. COM/II/11/42(4)/
/2016(Part file)/696 dated 29-06-2017, the Junior
Scale Officers were promoted to Senior Scale of
Goa Civil Service, in Level 11 of the CCS (Revised
Pay) Rules, 2016 vide Order No. 6/3/2002-PER (Vol.I)
dated 04-07-2017;
And whereas, on the recommendation of the
Departmental Promotion Committee (DPC) meeting
held on 27-09-2017, as conveyed by the Goa Public
Service Commission vide letter No. COM/II/11/42(4)/
/2016(Part file)/889 dated 29-09-2017, Shri Parag
Nagarcenkar was promoted to Senior Scale of Goa
Civil Service, in Level 11 of the CCS (Revised Pay)
Rules, 2016 vide Order No. 6/3/2002-PER (Vol.I)/
/3069 dated 11-10-2017;
And whereas, the Departmental Promotion
Committee (DPC) earlier held on 28-06-2017 and
27-09-2017 did not consider Smt. Sharmila Zuzarte
for promotion;
And whereas, upon representation from Smt.
Sharmila Zuzarte, for expunging adverse remark in
the APAR for the year 2014-15, the Competent
Authority decided to treat the said APAR as
non-Est/null and void;
And whereas, considering the above
development, a proposal was referred to GPSC for
review of DPC held on 28-06-2017;
And whereas, the GPSC vide letter No. COM/II/
/11/42(4)/2016 (Part file)/373 dated 18-02-2019 has
conveyed recommendation of the DPC to promote
Smt. Sharmila Zuzarte to the post of Senior Scale
Officer of Goa Civil Service on regular basis in the
review DPC held on 14-02-2019;
Now therefore, the Governor of Goa is pleased
to promote Smt. Sharmila Zuzarte in terms of Rule
31 of the Goa Civil Service Rules, 2016 to Senior
Scale in Level 11 of the CCS (Revised Pay) Rules,
2016 on regular basis w.e.f. 04-07-2017 and place
her in the promotion Order bearing No. 6/3/2002-
-PER(Vol.I) dated 04-07-2017 and 11-10-2017 as
under:
Sr.
Name of the
Position in promotion
No.
officers
order
1. Smt. Sharmila
Below Shri Devidas S. Gaonkar
Zuzarte
and above Shri Pandharinath
Naik.
The officer shall exercise option for fixation of pay
in promotional grade in terms of F.R. 22(I) a(1), within
a period of one month from the date of issue of this
order.
This issues in supersession of the Order read in
preamble at (3).
By order and in the name of the Governor of
Goa.
Harish N. Adconkar, Under Secretary (Personnel-I).
Porvorim, 25th March, 2019.
________
Corrigendum
No. 22/4/2019-PER/917
Read: Order No. 22/4/2019-PER/775 dated
06-03-2019.
The word (a.n.) in last line of the order dated
06-03-2019 shall be substituted to be read as (f.n.).
By order and in the name of the Governor of
Goa.
Shashank V. Thakur, Under Secretary (Personnel-II).
Porvorim, 22nd March, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA
SERIES II No. 52
28TH MARCH, 2019
1081
Department of Public Health
__
Notification
No. 13/10/2007-I/PHD(Part)/770
In exercise of the powers conferred by Section 45
of the Food Safety and Standards Act, 2006 (Central
Act 34 of 2006) read with Rule 2.1.4. of the Food
Safety and Standards Rules, 2011, I, Shri J. Ashok
Kumar, the Commissioner of Food Safety, hereby
appoint Smt. Maria Lyudmilla Janine Coutinho,
Assistant Chemist (Food) in the Directorate of Food
and Drugs Administration, Bambolim, to be Food
Analyst for the purpose of the said Act, for the
entire State of Goa, with immediate effect.
J. Ashok Kumar, IAS, Commissioner of Food Safety.
Porvorim, 13th March, 2019.
———uuu———
Department of Skill Development &
Entrepreneurship
Directorate of Skill Development &
Entrepreneurship
__
Corrigendum
No. 3/27/2018/DSDE/EST/4566
Read: Order No. 3/27/2018/DSDE/EST/3586 dated
21-12-2018.
Fourth para of order referred above may be
read as:
“The above appointment is subject to the terms
and conditions stipulated in the Memorandum
No. 3/27/2018/SD&E/EST/2089 dated 26-07-2018”
instead of
The above appointment is subject to the
terms and conditions stipulated in this Office
Memorandum No. 2/123/2014/SDCT/EST/99 dated
06-01-2014”.
Dipak Desai, Director & ex officio Joint Secretary
(Skill Development & Entrepreneurship).
Panaji, 25th March, 2019.
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