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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28TH MARCH, 2019

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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

SERIES II No. 52

28TH MARCH, 2019

1077

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

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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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