SERIES II No. 7

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

Reg. No. RNP/GOA/32/2021-2023

GOVERNMENT OF GOA

Department of Accounts

Directorate of Accounts

–––

Order

No. DA/Admn/45-1/2023-24/TR-529/32

On the recommendation of the Departmental Promotion Committee as conveyed by the Goa Public Service

Commission vide its letter No. COM/II/11/1(1)/2022/118 dated 10-05-2023, the Government is pleased to

promote the following Dy. Director of Accounts/Accounts Officers under the Common Accounts Cadre of the

Directorate of Accounts to the post of Joint Director of Accounts (Group “A” Gazetted) in level 11 of the Pay

Matrix (i.e. Pay Band PB-3 Rs. 15600-39100 Grade Pay of Rs. 6600/- pre-revised) on regular basis with effect

from the date of taking over charge of the post.

Sr. No.

Name of the Officers

Shri Vitorino Salvador Colasso (ST).

Smt. Rupa J. Gaonkar.

Smt. Pushpa Rosario Barreto (PH).

Shri Gajanan M. Naik.

Shri Subraj S. Kanekar.

Shri Clifford A. Pinto.

The Government is further pleased to order the posting of the following Joint Director of Accounts under

the Common Accounts Cadre in the Departments shown against their names:-

Sr.

Name of the Officer

Present place of posting as

Place of posting on promotion

No.

Dy. Director of Accounts/

to the post of Joint Director

Accounts Officer

of Accounts on regular basis

Shri Vitorino Salvador Colasso (ST)

South Goa Zilla Panchayat,

Directorate of Accounts,

Margao-Goa (on deputation)

South Branch Office,

Margao-Goa.

Smt. Rupa J. Gaonkar

O/o the Director General

Goa University, Taleigao-

of Police, Police (HQ),

-Goa (on deputation).

Panaji-Goa

Smt. Pushpa Rosario Barreto (PH)

District Rural Development

RUSA under the Directorate

Agency, North, Panaji-Goa

of Higher Education,

(on deputation) with charge

Porvorim-Goa (on deputation)

Panaji, 18th May, 2023 (Vaisakha 28, 1945)

209

Suggestions are welcomed on e-mail: [email protected]

210

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

to look after accounts related

thereby relieving Shri

work in the Goa Real Estate

Rajesh Mahale, Jt. DA of

Regulatory Authority, Panaji-

the addition charge.

-Goa

Shri Gajanan M. Naik

Directorate of Accounts,

Panaji-Goa

Panaji-Goa thereby relieving

Smt. Sailee B. Amonkar,

Jt. DA of the additional

charge.

Shri Subraj S. Kanekar

Directorate of Transport,

Goa State Infrastructure

Panaji-Goa

Development Corporation,

Panaji-Goa (on deputation)

thereby relieving Shri

Philomeno Pereira, Jt. DA

of the additional charge.

Shri Clifford A. Pinto

River Navigation

National Rural Health

Department, Betim-Goa

Mission, Panaji-Goa (on

deputation) thereby relieving

Shri Kisan Gaude, Jt. DA

of the additional charge.

Except the Officers at Sr. No. 1 and 5 above, all the newly promoted Dy. Director of Accounts/Accounts

Officers to the post of Joint Director of Accounts shall however continue to hold additional charge of the post

of Dy. Director of Accounts/Accounts Officers held by them prior to their promotion until further orders.

Further, the Government is also pleased to order the transfer of the following Joint Director of Accounts

under the Common Accounts Cadre in the Department as shown against their names in public interest:-

Sr.

Name of the Joint

Present place of posting

New place of posting

No.

Director of Accounts

Shri Satyawan Talwadkar

Goa University, Taleigao-Goa

Directorate of Accounts,

(on deputation) with

Panaji-Goa.

additional charge in the

Directorate of Accounts,

Panaji-Goa

Smt. Thereza Fernandes

Directorate of Accounts,

Directorate of Education,

South Branch Office, Margao-

Porvorim-Goa.

-Goa

Shri Pradeep A. Mirajkar

Directorate of Education,

Goa Industrial Development

Porvorim-Goa

Corporation, Panaji-Goa

(on deputation) thereby

relieving Shri Rudreshwar

Shetye, Jt. DA of the

additional charge.

The newly promoted officers may exercise an option for fixation of pay under F.R. 22(1)(a)(i) within one

month from the date of promotion.

The deputation period of the Officer at Sr. No. 1, 3 and 7 in the present place of posting stands curtailed

from the date of being relieved by the concerned autonomous body.

The posting of Officers at Sr. No. 2, 3, 5, 6 and 9 will be on deputation basis initially for a period of one year

from the date of taking over the charge. They shall be governed as per the standard terms of deputation

issued by the Government of Goa from time to time. The Organization/Agency shall be liable to pay to the

Government leave salary and pension contribution in respect of these Officers at the prescribed rates. On

expiry of the deputation period, the Officers shall necessarily be relieved to report back to the parent

Department, unless the deputation period is extended by the competent authority. In the event the officers

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

211

overstay for any reason whatsoever, they will be liable for disciplinary action and other adverse civil/service

consequences.

The above mentioned officers promoted to the post of Joint Director of Accounts shall join their promotional

posts or convey the acceptance of the promotional post within 10 days of issue of the promotion order.

On joining their promotional/new post, the Officers shall send their CTC/Joining reports immediately to

this Directorate.

By order and in the name of the Governor of Goa.

Dilip K. Humraskar, Director (Accounts) & ex officio Joint Secretary.

Panaji, 12th May, 2023.

———uuu———

Department of Agriculture

Directorate of Agriculture

–––

Order

No. 3/3/Hort/SSS-GSHCL/1/2023-24/D.Agri/72

Read: Order No. 3/3/Hort/SSS-GSHCL/1/2022-23/D.Agri/766 dated 15-03-2023.

Approval of the Government is hereby conveyed for the acceptance of the resignation of Shri Rupak Desai,

Member of Board of Goa State Horticulture Corporation Ltd., Tonca, Caranzalem-Goa.

By order and in the name of the Governor of Goa.

Nevil Alphonso, Director (Agriculture) & ex officio Jt. Secretary.

Tonca-Caranzalem, 12th May, 2023.

———uuu———

Department of Animal Husbandry & Veterinary Services

–––

Order

No. 2/2/79-AH (Part-I)/2023-24/545

Government is pleased to order the transfer of the following Veterinary Officers in the Directorate of

Animal Husbandry & Veterinary Services, with immediate effect and in public interest to the stations as

indicated against their names:-

Sr.

Name with designation

Present place of posting

New place of posting

No.

Dr. Rama G. Parab, Veterinary

Stockman Training Centre, Curti,

Stockman Training Centre,

Officer

Ponda with additional charge

Curti, Ponda.

Veterinary Dispensary,

Dharbandora

Dr. Ketan B. Chowgule,

Veterinary Dispensary Mollem

Veterinary Officer

with additional charge of

Government Livestock Farm,

Veterinary Dispensary, Dharbandora.

Dhat, Mollem

Dr. Vrishabha Vishwas Naik, Veterinary Officer, newly appointed and is posted at Government Livestock

Farm, Dhat, Mollem thereby relieving Dr. Ketan B. Chowgule, Veterinary Officer from his additional charge

of Government Livestock Farm, Dhat, Mollem.

The Officers shall be entitled for transfer TA/DA as per rule, however if the transferee does not change

their place of residence from old station to new, they will not be entitled for transfer TA as per the Rules

in force.

The Officers shall join their new place of posting with immediate effect.

By order and in the name of the Governor of Goa.

Dr. Agostinho Misquita, Director & ex officio Jt. Secretary (AH).

Panaji, 10th May, 2023.

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SERIES II No. 7

18TH MAY, 2023

Department of Civil Supplies and

Consumer Affairs

–––

Notification

No. DCS/ADCS/CC/Appoint.Off.Pres/SCDRC/138/

2023-24/654

As per Rule 6 of the Consumer Protection (Salary,

Allowances and Conditions of Service of President

and Members of State Commission and District

Commission) Model Rules, 2020 and as per the Order

dated 26-07-2022 of the Hon’ble Supreme Court, in

Suo Moto Writ Petition (Civil) No. (s). 2/2021, the

State Government hereby appoints Adv. Varsha V.

Wadiker alias Smt. Varsha R. Bale, to officiate as

President, Goa State Consumer Dispute Redressal

Commission till the post of President is filled.

These issues with an approval of the Government

vide U.O. No. 1086 dated 03-05-2023.

By order and in the name of the Governor of

Goa.

Gopal A. Parsekar, Director (Civil Supplies &

Consumer Affairs) & ex officio Jt. Secretary.

Panaji, 11th May, 2023.

———uuu———

Department of Co-operation

Office of the Registrar of Co-operative Societies

–––

Order

No. 3/6/2017/Urban/TS-II/SZ/RCS/516

Read: 1) Order No. 48-8-2001-TS-RCS/III/311 dated

21-04-2017.

2) Circular No. 6-13-81/EST/RCS/Part V./5833

dated 06-03-2020.

3) Letter No. LN/2020-2021/98 dated 23-07-2020.

4) Order No. 3/6/2017/Urban/TSII/SZ/RCS/

/2284 dated 05-10-2020.

5) Order No. 3/6/2017/Urban/TSII/SZ/RCS/

/1137 dated 11-07-2022.

6) Letter No. LN/2022-23/205 dated 09-12-2022.

Whereas, vide Order read at No. 1 above issued

by the Registrar of Co-operative Societies u/s. 86 (1)

read with Rule 116 (1) of the Goa Co-operative

Societies Act, 2001 Adv. Dilip S. Gaonkar, A-306, 3rd

floor, Pereira Plaza, Opposite to Hospicio Hospital,

Margao, Goa has been appointed as the Registrar’s

nominee for deciding the disputes arising in any of

the Co-operative Societies referred to him by the

Registrar of Co-operative Societies and the Asst.

Registrars of Co-operative Societies and his name

appears at serial number 31 in said Order.

And whereas, Circular read at Sr. No. 2 above

provides for appointment of dedicated Registrar’s

Nominee for the Salary earners, Multipurpose and

V.K.S.S. Societies having credit counters for directly

receiving their disputes without routing through

the Department.

And Whereas, vide letter at reference No. 3 the

concerned society had requested for appointment of

Adv. Dilip S. Gaonkar as dedicated Registrar’s

nominee for their Society, and accordingly the

Registrar of Co-op. Societies vide order read at Sr. No.

4 had appointed Adv. Dilip S. Gaonkar as the

dedicated Registrar’s nominee authorizing him to

entertain and decide all the disputes referred to him

directly by the said society without referring to this

office. The initial period of authorization as dedicated

nominee was for 1 year from 5-10-2020 to 4-10-2021.

Subsequently, at the request of the said society the

authorization as dedicated Registrar’s Nominee was

further extended vide order referred to at Sr. No. 5 for

further period of one year. The term so extended

above has already expired on 04-10-2022.

And whereas, the Laxmi Narcinva Urban

Co-operative Credit Society Ltd., Margao, Goa vide

letter read at No. 6 above have requested for further

extension of authorization as dedicated RCS

Nominee for a further period of one year with effect

from 05-10-2022.

Now therefore, in exercise of powers conferred

upon the undersigned u/s. 86 (1) read with 123B of

the Goa Co-operative Societies Act, 2001, I, the

Registrar of Co-operative Societies, do hereby extend

the term of Registrar’s Nominee Adv. Dilip S. Gaonkar

as a dedicated Registrar’s nominee for the Laxmi

Narcinva Urban Co-operative Credit Society Ltd.,

Margao, Goa for a further period of 1 year with

retrospective effect from 05-10-2022 to 04-10-2023.

All other terms and conditions mentioned in the

order read at Sr. No. 4 above shall continue to remain

in force. The Registrar reserves the right to withdraw

this order at any stage without assigning any reason

thereof.

Given under the seal of this office.

Vishant S. N. Gaunekar, Registrar (Co-operative

Societies) & ex officio Joint Secretary (Co-operation).

Panaji, 12th May, 2023.

————

Office of the Asstt. Registrar of Co-operative

Societies

–––

Notification

In exercise of the powers vested in me under

Section 8 of the Goa Co-operative Societies Act,

2001, “Royal Enclave Co-operative Housing

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

213

Maintenance Society Limited Royal Enclave,

Silvanagar, Ponda-Goa”-Goa is registered under

code symbol No. RCSPZ2023240029.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 8th May, 2023.

Certificate of Registration

“Royal Enclave Co-operative Housing Maintenance

Society Limited, Royal Enclave, Silvanagar, Ponda-

Goa”-Goa has been registered on 08-05-2023 and its

bears

registration

Code

symbol

No.

RCSPZ2023240029

and

its

classified

“Co-operative

Housing

Society”

under

sub-classification “No. 7-(d)-Co-operative Housing

Maintenance Society” in terms of Rule 8 of the Goa

Co-operative Societies Rules, 2003.

Pankaj V. Marathe, Asst. Registrar (Co-operative

Societies), Ponda Zone.

Ponda, 8th May, 2023.

————

Notification

In exercise of the powers vested in me under

Section 8 of the Goa Co-operative Societies Act, 2001,

“The Priority Eros Co-operative Housing

Maintenance Society Ltd., Nr. Bhale Hospital,

Wadakade, Soccorro, Porvorim, Bardez-Goa”-Goa is

registered under code symbol No. RCSNZ2022-

230022.

Mahadev N. Kalangutkar, Asstt. Registrar

(Co-operative Societies), North Zone.

Mapusa, 23rd August, 2022.

Certificate of Registration

“The Priority Eros Co-operative Housing

Maintenance Society Ltd., Nr. Bhale Hospital,

Wadakade, Soccorro, Porvorim, Bardez-Goa”-Goa

has been registered on 23-08-2022 and its bears

registration code symbol No. RCSNZ2022230022 and

its classified as “Co-operative Housing Society” under

sub-classification “No. 7-(d)-Co-operative Housing

Maintenance Society” in terms of Rule 8 of the Goa

Co-operative Societies Rules, 2003.

Mahadev N. Kalangutkar, Asstt. Registrar

(Co-operative Societies), North Zone.

Mapusa, 23rd August, 2022.

District & Sessions Court

South Goa, Margao

–––

Order

No. DSC/MAR/SP(B)-GAZ-533/2023/4086

In pursuance of the Order No. 12/6/2019-PER/266

dated 31-01-2023 issued by the Under Secretary

(Personnel-II), Department of Personnel, Government

of Goa, Secretariat, Porvorim-Goa regarding

classifying the post of Superintendent (Outside

Secretariat) as Group “B” Gazetted post with

immediate effect and on the recommendation of the

Recruitment Committee of this Department, the 11

posts of Superintendents including 1 post of

Protocol Officer-cum-Superintendent sanctioned to

the District and Subordinate Courts in the South

Goa District carry Pay Matrix (Level-7) as per the

recommendation of the Seventh Pay Commission,

are hereby classified as Group “B” Gazetted posts

with immediate effect.

Consequently, the following employees, whose

names are mentioned in the schedule are hereby

classified as Group “B” Gazetted Officers in same

Pay Matrix (Level-7) as per the Seventh Pay

Commission.

SCHEDULE

Sr.

Name and

Place of posting

No.

designation

Ms. Anita R. Malvankar,

District and Sessions

Superintendent

Court, South Goa,

Margao.

Shri Arvind S. Redkar,

Court of the Senior

Superintendent

Civil Judge & Chief

Judicial Magistrate,

Margao.

Ms. Smita S. P. Gaonkar,

District and Sessions

Superintendent

Court, South Goa,

Margao.

Ms. Eugenia Henriques,

Court of the Senior

Superintendent

Civil Judge & JMFC,

Quepem.

Ms. Neeta S. Prabhu

Court of the Senior

Dessai, Superintendent

Civil Judge & Chief

Judicial Magistrate,

Margao.

Ms. Meenaxi S. Bandodkar,

Court of the Senior

Superintendent

Civil Judge & JMFC,

Vasco-da-Gama.

Ms. Alice Everesto

District and Sessions

Sequeira, Superintendent

Court, South Goa,

Margao.

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SERIES II No. 7

18TH MAY, 2023

Shri Silva Thomas

District and Sessions

Francisco, Protocol Officer-

Court, South Goa,

-cum-Superintendent

Margao.

Ms. Imaculada Fernandes,

District and Sessions

Superintendent

Court, South Goa,

Margao.

10. Ms. Immaculada V.

District and Sessions

D’Souza, Superintendent

Court, South Goa,

Margao.

The expenditure in respect of the employees at

Sr. Nos. 1, 3, 7, 8, 9 & 10 shall be debited to Demand

No. 4, Budget Head: 2014—Administration of Justice, 00,

105—Civil & Sessions Courts, 02—District & Sessions

Judges (South Goa), 01—Salaries (Voted) Non-Plan

and in respect of the employees at Sr. Nos. 2, 4, 5 & 6

shall be debited to Demand No. 4, Budget Head:

2014—Administration of Justice, 00, 105—Civil &

Sessions Courts, 01—Civil Judges (South Goa),

01—Salaries (Voted) Non-Plan.

Irshad Agha, Principal District & Sessions Judge,

South Goa, Margao.

Margao, 2nd May, 2023.

———uuu———

Department of Education, Art & Culture

Directorate of Education

–––

Order

No. 1-1-(41)-2020/SE/23

Consequent upon the marriage of Kum. Sermia

Cynthia Gonsalves, Headmaster, with Shri Melwin

Faleiro, her title is changed to Smt. Sermia Cynthia

Gonsalves, vide Certificate of Marriage bearing No.

6304 dated 14-05-2017 issued by the Civil Registrar,

Tiswadi, Panaji, Goa. Accordingly her title on

service records has been changed to Smt. Sermia

Cynthia Gonsalves as per own request made vide

letter dated 06-03-2023.

This issues with the approval of the Government

vide U.O. No. 483/F dated 20-04-2023.

By order and in the name of the Governor of

Goa.

Shailesh R. Sinai Zingde, Director (Education) &

ex officio Jt. Secretary.

Porvorim, 09th May, 2023.

Order

No. Acad/Bar/Take over/STBHS/1109

Read: Show Cause Notice No. Acad/MGT/21/

/-Bardez/98/1926 dated 25-08-2022.

Whereas, the above referred show cause notice

was sent to the Chairman of the School Managing

Committee of St. Thomas Boys High School, Aldona,

Bardez-Goa.

And whereas, the Chairman of the School

Managing Committee replied to the same vide email

of 11-10-2022 under the caption of Preliminary reply

continuation

with

letter

dated

4-10-2022 for show cause letter dated 25-08-2022

and 26-09-2022. Vide its reply, the Chairman of the

School Managing Committee stated as under:-

1. We are in receipt of your subject show cause

notice and at the outset deny each and every

allegation made therein.

2. The Fransalians manage over 150 schools

throughout the world for over hundred years

under Fransalian Education Societies and the

management is committed to the welfare of

the student communities.

3. St. Thomas Boys High School, Aldona, Goa is

one of those Christian Minority Schools which

is directly under the President/Provincial

Superior along with the Governing Body of

Fransalian Education Society, Goa.

4. As a preliminary submission, it is stated that

the show cause notice issued by your office is

itself beyond jurisdiction under the Goa, Daman

and Diu School Education Act and Rules, 1984

(hereinafter referred to as the “Act”) as under

Section 20 of the Act, the authority to take

over the management of a school is vested in

the Administrator of the union territory.

5. Submitted that in the present time, the

position of the Administrator of the union

territory will correspond to that of the Hon’ble

Governor of the State and therefore the

Directorate of Education does not have any

power to invoke Section 20 of the Act.

6. Further, the grounds taken, as mentioned in

the show cause notice do not satisfy the

ingredients of Section 20 of the Act. Neither is

there any explanation of how the provisions of

Section 20 are attracted to the matter at hand

nor is there any material on record before this

Authority for it is to exercise any jurisdiction

under Section 20.

7. Furthermore, the show cause notice issued by

your office states that the conditions

mentioned in sub-clauses (i), (ii), (iii) and (iv)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

215

of Section 20 of the Act are attracted in the

present case however, there is no explanation

as to how the said sub-clauses are applicable

in the present case. There are no details in the

show case notice as to how the Managing

Committee or Manager of the school have

contravened any provision of this Act or any

rule or order made thereunder, has neglected

to perform any duty or obligation imposed on

it by or under this Act, has mismanaged the

affairs of the school or misappropriated or

misapplied any money standing to the credit

of any fund of the school, and has managed

the affairs of the school in a manner prejudicial

to the public interest which are the predicates

of sub-clause (i), (ii), (iii) and (iv) of Section 20

of the Act. Therefore, it is stated that Section

20 of the Act cannot be invoked in the present

matter.

8. Moreover, the threshold to invoke Section 20

of the Act is quite high. The Hon’ble Bombay

High Court has held in St. Anthony’s High

School Trust & anr. V. State of Goa & anr. (1996)

5 Bom CR 33

“14 .... Before an action under Section 20 can

be justified not only one or the other of the

seven grounds appearing in Section 20 have

to be made good, but also it has to be found

that the action of taking over the management

is expedient in public interest or in the

interest of the school education or in order to

secure the proper management of the school.

It is only when both these ingredients are held

to have been satisfied that an action of taking

over management under Section 20 of the Act

can be justified”.

9. As stated earlier, the show cause notice issued

by you gives no explanation as to how the

taking over of the management of the school

is expedient in public interest or in the

interest of the school education or any

corroboration of improper management of the

school by the manager of the society.

10. We had forwarded letter dated 22-07-2022 to

your Department of Education requesting the

approval of the new members of School

Managing Committee, though the same is not

mandatory under the Act. We had even sent

reminders and till date we have not received

any reply from the Department of Education.

That is the reason I was surprised to receive

the Show Cause Notice. Please furnish the

approved list of the new School Managing

Committee. The selective delay of the

Directorate of Education for the approval of

the School Managing Society of St. Thomas

Boys High School is also not allowing the

Management to function effectively.

11. Please note that neither the Chairman of the

School Managing Committee nor the

President/Provincial Superior of St. Thomas

Boys High School under Fransalian Education

Society, Goa has received any such complaints

as stated by your show cause notice.

12. The complaints against the Management are

fabricated, misleading, malicious and a

conspiracy of the Headmaster Fr. Valerian

Carvalho in order to derail the internal inquiry

and pending decision by the Society against

Fr. Valerian Carvalho for his various gross

misconduct, massive financial irregularities

and abuse of power which have been received

various times by the Chairman of the School

and your office respectively and for the same

the directive was issued on 11-07-2021 and

the same copy of the letter was issued to your

office of the Directorate.

13. I, strongly agree with you that lives of the

students should not be endangered. All

repairs and maintenance must be done and

students should have safe environment to

study and it is the foremost priority of the

present Management.

14. I, would like to state that so far, the

Headmaster had not communicated with me

regarding the school repairs and maintenance,

until recently, I had no knowledge of the

repair works that need to be done. The

Headmaster has to learn the chain of

communication. He has been misleading the

Department of Education and maligning the

name of the Society.

15. The letters addressed (showcause notice) to

the Chairman of the School Managing

Committee were criminally kept with

Fr. Valerian Carvalho for over a month without

sending to the Chairman of the School

Managing Committee of St. Thomas Boys High

School, Aldona not returning to the Directorate

of Education if the Headmaster pretended of

not knowing the address.

16. As per the letter dated 26-06-2021 by the

Manager, the Headmaster has repeatedly

threatened, intimidated and publicly insulted

the Manager several times and did not allow

the Manager to exercise his responsibilities.

17. A new Manager was appointed on 27-09-2022

for salary related works and consequent to his

appointment, the new Manager visited the

St. Thomas Boys High School, Aldona, several

216

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

times for the salary related works of the staff

but the office staff did not oblige the new

Manager (Letters dated 03-10-2022 and on

08-10-2022 which was also duly communicated

to the Director of Education). The investigation

on the deliberate delay of the respective office

staff or by the Headmaster is under process.

18. In the above context, the Management

strongly protests and believes that Fr. Valerian

misleadingly and maliciously campaigned

against the Management in order to derail the

internal inquiry and decision making process

of the Fransalian Education Society against

the criminal activities of Fr. Valerian Carvalho.

19. The President/Provincial Superior of

St. Thomas Boys High School, Aldona under

Fransalian Education Society, Goa has not

received any such complaints dated

27-07-2022.

20. The Chairman of the School Managing

Committee of St. Thomas Schools has not

received any such complaint letter as dated

27-07-2022.

21. We assure you that as soon as the Chairman of

School Managing Committee or the President/

/Provincial Superior of the Fransalian

Education Society, Goa receives the copy of

the complaint letter dated 11-07-2022 and the

proofs of leaking roof, the Management will do

the immediate repairs if there are any. (Kindly

note the Common Office for all St. Thomas

Schools under Fransalian Education Society;

St. Thomas Higher Secondary School, Aldona,

Bardez, Goa.

22. It is a criminal intention of the Headmaster

Fr. Valerian that maintenance grants have not

been properly utilized:

a. The Headmaster never handed over the

keys of the school campus to the Manager

to exercise his duties as the Manager, until

just recently, on 1st of November, 2022, a

small bunch of about 5 keys were handed

over to him, though not all the keys of the

school. The Manager was always locked out

of the school campus and could not do the

maintenance work during the school

holidays or whenever the children were out

of the school keeping in mind the safety of

the children during any major works.

b. As per the directives of the School

Chairman, the maintenance records and

service conditions of the school were not

handed over by the Headmaster for

maintenance of the school (cfr. Letter dated

30-05-2022).

c. The Manager twice asked the Headmaster

on 30-05-2022 and on 12-08-2022 and also

asked him to transfer the rent money for the

maintenance of the school, but the

Headmaster never obliged to transfer the

rent money from the maintenance grants.

d. The account of the Maintaining Society,

Aldona Fransalian Society, and few other

accounts were criminally frozen by

Fr. Valerian Carvalho on 24-10-2019 on his

frivolous reasons and thus the Headmaster

criminally did not allow the Management

to maintain the school.

The Headmaster was asked several times to

unfreeze the account of the Managing

Society in order to legally carry out the

maintenance works of the school by the

Management but the Headmaster did not

keep the interest of the students, school

and the society in mind.

f. The Bank details reveal that the Manager

has always obliged the daily maintenance

of the school by regularly supplying the

fund. The Headmaster’s reason of borrowing

money from others is only a lie to divert the

attention from his unlawful activities in the

school in name of borrowing which needs a

prior permission as per the directives of the

Chairman dated 11-07-2021.

g. It is the endeavour of the Management to

carry out all necessary maintenance

including repairs out of the rent amount

received, however hurdles are being placed

by the Headmaster towards this work for

reasons best known to him. Quotations/

/estimates need to be obtained from

Engineers/Contractors who need to inspect

the premises. While the Manager is not

interfering in the administrative &

academic work of the Headmaster/School,

the Manager faces bottlenecks in discharge

his

duties

especially

towards

maintenance. The Manager is made a

stranger in the school owned by his

Management. The last letter written by

Manager to Headmaster for transfer of

maintenance grants to Society for purpose

of taking up repairing work was dated

12-08-2022 but the Headmaster did not

transfer the maintenance fund when it was

required for the repairs.

23. Allegations on non-appointment of Teachers

etc. is totally denied as per the complaints of

the Headmasters.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

217

a) The letter dated 11-07-2022 of Fr. Valerian

Carvalho is not available to the

Management. However, taking what is

considered in para 2 of your letter, it is

denied that the Management is not

co-operating and/or acting on pressing

issues faced by the school.

b) As per various complaints, the Headmaster

has always interfered in the works of the

Manager. The complaints reveal that the

Headmaster himself unlawfully prepared

the documents without any prior

permission from the Manager on the

recruitment of the staff and threatened the

Manager to sign the documents of new staff

without any procedure.

c) We promise you to look into all the

appointments for which NOC has been

obtained. The process of appointment and

recruiting of the staff is already in motion

and will be completed at the earliest.

24. It is denied that the Management has not

arranged for consumables, stationery etc.

necessary for running of the school. The

Manager has been issuing cheques

periodically for this purpose, details of some

cheques No. 893944-893947, 535341-50).

However, neither the bills nor copies nor the

accounts were submitted by the school staff/

/Headmaster to the Manager for his records

and accounting until recently. Just before the

last date of hearing, the Headmaster was

handed over certain audited statements and

bills to the present Manager, Fr. Winston

Barboza, on 1st November, 2022 and the

Management is in the process of going

through the bills and clearing the same.

25. Question of Renewal of Contract staff: The

Headmaster never allowed the Manager to

exercise his responsibilities but only

threatened the Manager to sign the

documents without following any procedures.

26. Concerning NOC for permanent as well as

temporary: As per the written directives of

the Chairman of St. Thomas Boys High School

dated 11-07-2021, the Headmaster interfered

in the work of the school and did not seek the

written permission of the Chairman in order

to effect the appointment of the staff.

27. On the malicious allegation of presently roof

is leaking etc.:

a. Although repairs to school building had

been carried out extensively in the past

but the Headmaster never handed over

the service agreements of past ones who

did the work in the past for better follow

up by the Management and hence, there

is a real conspiracy in the sudden leaking

of the roof of the school building.

b. Though the school belonged to the

Management, the Headmaster refused to

give the keys of school in order to inspect

and initiate the repair works in the

absence of the students. Only recently did

he hand over a small bunch of 5 keys on

1st November, 2022.

c. The Headmaster never gave the keys of

the building to the Manager to inspect

thebuilding through the experts and

never shown any places of repair works of

the roof but only shoots off letters to

implicate the Manager and the

Management in order to take over the

school through his nexus of people

against Management.

d. In spite of the malicious and manufactured

lies of the Headmaster, we

assure you

that the complete school building will be

inspected by engineers/contractors

immediately and their views, quotations/

estimates will be sought. Work will be

undertaken for which all round

co-operation of Headmaster is necessary.

In spite of all the keys not been given,

already a contractor has visited the school

alongwith the Manager during the school

hours on 11th November, 2022, and has

seen the work to be undertaken and

needed repairing work will be carried out

soon.

28. Due procedures have been followed in

matters concerning the Registration of the

Society and a case in the Honourable High

Court has also been filed. The Headmaster

Fr. Valerian Carvalho had interfered for vested

interests in order to derail the process of

investigation against him. He seems to be not

interested in working with the Fransalian

Education Society of Aldona.

29. There are some practical hurdles the

Headmaster Fr. Valerian Carvalho has been

creating with the help of some vested

interests. We should be able to overcome all

of them and run the school smoothly.

30. For the above mentioned reasons, the show

cause notice is strongly protested and the

Management should be allowed to initiate

investigation and the consequent decision in

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OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

the best interest of the students community

and as per the due procedures of the

Fransalian Education Society, Goa.

31. In view of the above, it is requested that the

show cause notice be withdrawn and the

matter be closed.

And whereas, after going through the reply to

the show cause notice, the undersigned decided to

hear the matter under Section 20 of the Goa School

Education Act, 1984. The hearing was kept on

03-11-2022. During the course of hearing, Adv.

Shivraj Gaonkar appeared on behalf of the

Fransalian Education Society. He filed his

Vakalatnama and submitted a copy of the reply. The

Headmaster Fr. Valerian Carvalho of St. Thomas Boys

High School was present alongwith the PTA

President Shri Menino D’Souza. The matter was

adjourned and kept for hearing and submission of

reply on 15-11-2022.

And whereas, on 15-11-2022, Adv. Shivraj

Gaonkar appeared on behalf of the School

authorities. The Headmaster and PTA Chairman

remained absent. During the course of hearing, the

reply was filed on behalf of the Manager and the

same is taken on record. The matter adjourned and

kept for hearing on 02-12-2022. During the course of

hearing, both the parties remained present. The

matter adjourned and kept for final hearing on

08-12-2022 at 4.30 p.m.

And whereas, the matter has been hear on

13-01-2023. The Advocate of the respondent stated

that the issue is between the Headmaster and the

Management and the issue can be sorted out. The

representation of the PTA is not sufficient to qualify

to take over the management under Section 20. The

grant in aid provided by the Directorate of

Education is credited to the Society account. In

case of appointment, it is for the management to

select a candidate and appoint them. He further

submitted that the Society instructions were not

followed by the Headmaster and only after the

Headmaster was removed from the society, these

allegations have cropped and personal elements

cannot be reasons to take over the school. It was

also submitted that the entire episode is to avoid

the eventual suspension of the Headmaster as

inquiry is contemplated.

And whereas, Advocate Nasnodkar admitted that

fund was transferred to the Society which itself is

illegal. Hon’ble High Court of Bombay at Goa set

aside the order of appointment of Principal of

St. Thomas Higher Secondary School run by the

same management. He also stated that NOC were

issued by the Directorate of Education, but the post

were not filled. He further stated that the

maintenance grants have not been utilized. He also

stated that there is no provision of hearing the

matter under Section 20 of the Goa School Education

Act, 1984.

And whereas, Adv. Padgaonkar representing the

parents submitted the Vakalatnama and intervened.

Advocate for the respondent objected as there was

no formal representation and they were not party to

the hearing.

Adv. Padgaonkar submitted that most important

factor to be borne in mind is the student and that

the Headmaster and the Management is

inconsequential.

He also submitted that the allegations by the

Headmaster have been admitted by the

Management and that there was no attempt by the

Management to sort out the issue and provide relief

to the public, i.e. students/parents.

And whereas, the Headmaster of St. Thomas Boys

High School, Aldona, Bardez-Goa filed his reply

dated 21-11-2022 under the caption of response to

the allegations made against him by the School

Managing Committee, vide reply dated 15-11-2022.

1. In his reply, he has stated that the reply makes

apparent nothing, but the vindictive attitude

of the present members of the Fransalian

Society which has infact resulted in a total

downfall of the administration of the school.

2. While denying all the allegations made against

him, he has stated that it is rather unfortunate

the he has been sought to be made a scapegoat

and the entire blame has now been fastened

upon him.

3. He stated that he was appointed the

Headmaster of St. Thomas Boys High School in

the year June 2013.

4. He stated that for several years until 2019

when the dispensation of the executive

members and more particularly Fr. Jayaseelan

Selvaraj who became the Chairman, when the

functioning of St. Thomas Boys High School

saw a complete downfall.

5. He stated that the Society has conducted the

affairs of the said school in a completely

lackadaisical manner as often resorted to

various illegalities over the functioning of the

said school.

6. To illustrate one such incident, Fr. Jerard

Sahayaraj was appointed as the Principal of

St. Thomas Higher Secondary School, Aldona

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

219

in the absence of essential qualification, which

appointment was set aside by the Hon’ble High

Court of Bombay at Goa in Writ Petition

No. 1354/2021 (F).

7. It is stated that the School Managing

Committee as well as the Society have been

constantly harassing the staff members which

often go unreported as the teaching and

working staff are afraid of dire consequences.

8. Various vacancies have been lying unfilled

for several years to the post of Primary School,

Maternity leave, CCL leave, Non-Renewal of

the appointments of the Librarian and

Watchman etc. the said issues were

highlighted to the School Managing

Committee on several occasions, despite which

no steps were taken by the Society to fill the

said vacancies despite required NOCs being

granted by the Directorate of Education.

9. In so far as the issue of maintenance is

concerned, the undersigned personally

addressed various communications to the

School Managing Committee for last several

years despite which no action has been taken

by the Society to carry out any such

maintenance.

10. It is stated that only belatedly and perhaps as

a knee-jerk reaction to the Show Cause notice

issued by this Department, whereby the

Management is now trying to create an

impression to show that they are infact in

control of the situation and taking remedial

measures, which if he may submit in only on

paper and no action whatsoever is taken by

the Management to improve the dwindling

State of the affairs of the School.

11. The Director of Education during an hearing

scheduled on 3rd November, 2022 at 4.00 p.m.

wherein, he clearly pointed out that the school

Manager cannot function till he has approval

from the Directorate of Education. Despite this

observation, the Management, in total

disregards has replied to the show cause notice

dated 25-08-2022 issued by your office and the

same has been signed by one Fr. Winston

Barboza who is an incompetent authority. This

makes manifestation, the Managements

challenging stand to the directives of the

Director of Education.

12. He stated that he is producing copies of

various representations made by him on the

issue from time to time and have deliberately

refrained from dealing para wise to the

allegations made against him as the records of

the matter itself and perusal of the letters as

enclosed herewith will completely belie the

case of the Management. Moreover, he is not in

a crusade against the Society but have

throughout acted in the interest of his students

and staff members alike and perhaps for not

having aided the Society in their oblique ways

of functioning as well as intentions he has

today became more of an eyesore for them is

why they are acting with a personal vengeance

against him.

In its replies the School Managing Committee

does not deny that there are leakages in the class

room and that the rafters have come loose in the

school building. In fact the replies showcase that

the approach taken by the school is of total

ignorance where the committee seems to be

completely oblivious as to the state of affairs of its

school. The School Managing Committee in its reply

blames the Headmaster for not having

communicated the need for repairs and

maintenance of the school building. The reply at

paragraph 13 states that “I had no knowledge of the

repair works that need to be done. The headmaster

has to learn the chain of communication.” Further at

paragraph 17 the School Managing Committee

states that, “The Headmaster never handed over the

keys of the school campus to the Manager to exercise

his duties as the Manager, until just recently, on 1st

of November, 2022, a small bunch of about 5 keys

were handed over to him, though not all the keys of

the school. The Manager was always locked out of

the school campus and could not do the maintenance

work during the school holidays or whenever the

children were out of the school keeping in mind the

safety of the children during any major works.” There

is a complete lackadaisical approach on the part of

the School Managing Committee on such a serious

issue.

The grievance raised by the Parents of the school

vide complaint dated 11-07-2022 is of a very serious

nature. Maintenance of proper infrastructure of

school is of vital importance and plays a crucial role

in the education of the students. Any lapse in the

maintenance of school infrastructure can be a

potential life hazars and be a life threatening

situation to put the students in. As showcased by

the complaints the students have to be shifted to

safer blocks to conduct classes.

The School Managing Committee in its reply has

no answer to this. Under the Goa School Education

Act, 1984 and Rules made thereunder, it is the duty

of the School Managing Committee to maintain

proper infrastructure of the school building and to

ensure that the building is adequate and suitable

for an educational institution. The general tenor of

the reply and submission of the School Managing

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SERIES II No. 7

18TH MAY, 2023

Committee is to claim ignorance of the

infrastructural failures and blame the lapses of the

school managing committee on the Headmaster.

Rule 37 of the Goa, Daman and Diu School Education

Rules, 1986 provides as under:

37. Conditions for recognition.— No private school

shall be recognised or continue to be

recognised, by the Director unless the school

fulfils the following conditions, namely:-

(vi) the Managing Committee observes the

provision of the Act and the Rules made

thereunder and the instructions issued by

the Director of Education or his authorised

subordinate officer from time to time;

(vii) the building or other structure in which the

school is carried on, its surroundings;

furniture and equipment are adequate and

suitable for an educational institution,

where there is any business premises in any

part of the building, in which such school

is run, the portion in which the school is run

is adequately separated from such business

premises;

The School Managing Committee in its reply

makes a general denial as to the allegation that

adequate teachers and staffs are not being

appointed. However, in the same breath it goes on

to state that “The process of appointment and

recruiting of the staff is already in motion and will

be completed at the earliest.” The very fact that

they acknowledge that the appointment and

recruiting of the staff is in process, is an admission

on their part that the same has not been carried out

as of now. The Managing Committee has failed to

state the steps it has taken to initiate the

appointment process. Teachers are the backbone of

the school. If the requisite number of teachers are

not appointed keeping in mind the strength of the

students of the school, it over-burdens the existing

teachers and they in turn are not able to give their

100% to educating the students. Without the

required number of teachers it is not possible to run

an educational institution. It is the duty of the

School Managing Committee to ensure that the

requisite number of teachers are appointed. There

is a total lapse on the part of the managing

committee in this regard. Moreover, in its reply the

School Managing Committee goes on to blame the

Headmaster yet again for the lapses on its part. The

duties, powers and responsibilities of the managing

committee under the Goa School Education Act,

1984 and Rules made thereunder, include the control

the staff of the school including the Headmaster.

There is a total dereliction on the part of school

managing committee to perform its duties and

responsibilities, as is required under the Goa School

Education Act, 1984 and Rules made thereunder.

As is evident from the replies and submissions of

the school managing committee, there is a complete

failure on the part of the managing committee to

ensure that the school is operated in a proper

manner, as is required to do so under the Goa School

Education Act, 1984 and Rules made thereunder.

Rule 46(2)(h) of the Goa, Daman and Diu School

Education Rules, 1986 provides as under:

46(2)(h) the duties, powers and responsibilities of

the head of the school, which shall provide that he

shall:-

(iii) be responsible for the proper maintenance of

accounts of the school, subject to such

authorisation by the Managing Committee,

and maintain school records, service books of

teaching and non teaching staff and such

other registers, returns and statistics as may

be specified by the Director from time to time;

With regards to the ground of the maintained

grants not being utilized properly by the

management, there is an admission on the part of

the School Managing Committee that the same

were transferred to the Society’s account and have

not been utilized. On 13-01-2023, the Advocate of

the School Managing Committee stated that the

grant in aid provided by the Directorate of

Education is credited to the Society account. In

case of appointment, it is for the management to

select a candidate and appoint them. In its reply

the School Managing Committee, yet again, blames

the Headmaster of a criminal conspiracy for the

funds not being properly utilized. The grant in aid

provided by the Government have to be kept in a

separate account and must not be transferred to

the Society’s account. Further, these grants have to

be utilized for the purposed they are granted. The

School Managing Committee has committed gross

digressions on both these accounts. Not only they

transferred the grant in aid to the Society’s account,

they have not been able to utilize is for the required

purposes.

Section 20 (1) of the Goa School Education Act,

1984 provides as under:

20. Taking over management of school.— (1)

Whenever the Administrator is satisfied that

the Managing Committee or Manager of any

recognized school,—

(i) has contravened any provision of this Act

or of any rule or order made thereunder, or

(ii) has neglected to perform any duty or

obligation imposed on it by or under this

Act, or

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

221

(iii) has mismanaged the affairs of the school

or has misappropriated or has misapplied

any money standing to the credit of any

Fund of the School, or

(iv) has managed the affairs of the schools in a

manner prejudicial to the public interest, or

(v) has omitted or neglected to pay its share

towards the medical facility, pension,

gratuity, provident fund, and other

prescribed benefits of the employees of the

school, in accordance with the provisions of

sub-section (2) of Section 13, or

(vi) has closed down the school or any class or

section of the school in contravention of the

rules made under this Act or any order,

direction issued thereunder, or

(vii) has made a written representation

expressing its inability to run the school,

and that it is expedient in the public

interest or in the interests of school

education or in order to secure the proper

management of the school to take over the

management of such school, he may, after

giving the managing committee or the

manager of such school a reasonable

opportunity of showing cause against the

proposed action, take over the management

of such school for a limited period not

exceeding three years:

Provided that where the management of a school

has been taken over for a period of three years or

less, the Administrator may, if he is of opinion that

in order to secure proper management of the school

it is expedient that such management should

continue to be in force after the expiry of the said

limited period, he may, from time to time issue

directions for the continuance of such management

for such period not exceeding one year at a time as

he may think fit, so, however, that the total period

for which such management is taken over shall not,

in any case, exceed five years.

The Hon’ble High Court of Bombay in the case of

Anthony’s High School Trust v. State of Goa, 1995

SCC OnLine Bom 128.: (1996) 5 Bom CR 33 has held

that before an action under Section 20 can be

justified not only one or the other of the seven

grounds appearing in Section 20 have to be made

good, but also it has to be found that the action of

taking over the management is expedient in public

interest or in the interest of the school education or

in order to secure the proper management of the

school. It is only when both these ingredients are

held to have been satisfied that an action of taking

over management under Section 20 of the Act can

be justified. From the above it has been found that

the School Managing Committee of the St. Thomas

Boys High School, Aldona has contravened the

provisions of the Goa School Education Act, 1984

and Rules made thereunder:-

1. Neglected to perform duty/obligation imposed

on it under Rule 37 (vii) and Rules 46(2)(h) of

the Goa School Education Rules.

2. Mismanaged the affairs of the school.

3. Managed the affairs of the school in a manner

prejudicial to the public interest.

There seems to be complete mismanagement of

the school and the School Managing Committee is

far from being in control of the situation. The School

Managing Committee have been conferred with

various powers under the Act to ensure that the

school is operated in a disciplined and an efficient

manner. However, as admitted by the School

Managing Committee itself, the management of

St. Thomas Boys High School, Aldona is in a state of

chaos. Proper maintenance of the school building,

tending to the leakages of the school buildings,

appointment of teachers are things which are

essential aspects of school education, which are

required to be performed by the school managing

committee. Maintaining proper discipline in the

school, ensuring that the staff perform their duties

is the responsibility of the school managing

committee. If these duties and responsibilities are

not performed, a school cannot function. The lapses

on the part of the school education committee have

put the students and their education in jeopardy as

a result it is eminent in public interest and in the

interest of school education that St. Thomas Boys

High School, Aldona be taken over under Section 20

of the Goa School Education Act, 1984.

Now therefore, after detailed examination of the

submissions of the parties hereto, the Government

is convinced of the circumstances which call for

immediate taking over of the Management of

St. Thomas Boys High School, Aldona by invoking

the provision of sub-section (1) of Section 20 of the

Goa School Education Act, 1984.

Therefore, in accordance to the provisions of the

said sub-section (1) of Section 20 of the Goa School

Education Act, 1984, the Government hereby orders

to take over the Management of St. Thomas Boys

High School, Aldona with immediate effect for a

period of three years in the first instance and

Shri Melvin D’Costa, Asst. Director, Education,

Directorate of Education is hereby appointed as

Authorised Officer on behalf of the Director of

Education, Government of Goa to manage the affairs

of the school. The Authorised Officer shall discharge

his duties as per the provision of Goa School

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SERIES II No. 7

18TH MAY, 2023

Education Act, 1984 and the Rules made thereunder

and as per the instructions issued to him by the

Directorate of Education from time to time. Among

other things, the Authorised Officer shall:-

1. Exercise full control over administrative,

financial and academic matters of the school

and ensure that all the employees of the school

are punctual in attendance and prompt in

discharge of the duties entrusted to them by

general or special orders as deemed fit.

2. Be responsible for maintaining strict discipline

on the part of all the employees including the

Headmaster and students of the school.

3. Be responsible to ensure that all the employees

of the school including the Headmaster are

present in the school during office hours as

prescribed by the Authorised Officer and no

employee including the Headmaster shall be

allowed to leave the premises of the school

without prior written permission of the

authorized officer and that representations, if

any, shall be routed through the Authorised

Officer.

4. Be responsible to visit the school frequently a

possible so as to ascertain that the school

functions at right time and all the employees

of the school including the Headmaster

discharge their duties sincerely, honestly and

efficiently to the satisfaction of the public and

the Department.

5. Ensure that in case of the employees, including

the Headmaster act in contravention of the

instructions of the Authorised Officer or if

there is any act of indiscipline or

insubordination or flouting of the instructions

issued by the Authorised Officer, such cases

shall be dealt with a per the provision of Goa

School Education Act, 1984 and the Rules made

thereunder.

The Government is also pleased to order that:

(i) The ex School Managing Committee of

St. Thomas Boys High School, Aldona hand

over the entire school files and other records

to the Authorised Officer immediately;

(ii) The school staff account fund and the pupils

fund shall be made available to the Authorised

Officer for being spent for the purpose in

respect of the school and that;

(iii) The Authorised Officer shall have the right to

open any account in any Bank or draw money

from the school fund or School Staff Account

Fund as referred to in Section 10 of the Goa

School Education Act, 1984. After the

Management of the school at any time before

the date on which the Management of the

school is taken over shall have the right to

draw money from the school fund or school

staff account fund.

By order and in the name of the Governor of

Goa.

Shailesh R. Sinai Zingde, Director (Education)

& ex officio Joint Secretary.

Porvorim, 11th May, 2023.

———u———

Directorate of Higher Education

–––

Order

No. 1/7/2017-DHE/1390

On the recommendation of the Goa Public Service

Commission vide its letter No. COM/II/12/78(10)/

/2021/60 dated 05-05-2022, Government is pleased

to declare that the following Assistant Professor in

Maths in Government College of Arts, Science and

Commerce, Sanquelim has completed her probation

period successfully with effect from the date

indicated in column No. 3 against her name and she

is confirmed in her respective post with effect from

the date indicated in column No. 3 against her name

accordingly:-

Sr.

Name and designation Date of completion of

No.

probation period

Ms. Minoshka D’Souza

14-06-2019.

By order and in the name of the Governor of

Goa.

Deepti D. Gaonkar, Under Secretary (Higher

Education).

Porvorim, 15th May, 2023.

————

Order

No. 1/7/2017-DHE/1391

On the recommendation of the Goa Public Service

Commission vide its letter No. COM/II/12/78(9)/

/2021/59 dated 05-05-2022, Government is pleased

to declare that the following Assistant Professor in

Konkani in Sant Sohirobanath Ambiye Government

College of Arts and Commerce, Pernem has

completed her probation period successfully with

effect from the date indicated in column No. 3

against her name and she is confirmed in her

respective post with effect from the date indicated

in column No. 3 against her name accordingly:-

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

223

Sr.

Name and designation Date of completion of

No.

probation period

Ms. Priyanka Parab

14-06-2019.

By order and in the name of the Governor of

Goa.

Deepti D. Gaonkar, Under Secretary (Higher

Education).

Porvorim, 15th May, 2023.

———u———

Directorate of Technical Education

College Section

–––

Order

No. 16-583/KKN/PF/GEC/DTE/23/383

Read: Memorandum No. 16/250/C&R of Posts of

GEC/DTE/10/Pt.II/3165 dated 03-01-2023.

On the recommendations of the Goa Public

Service Commission conveyed vide their letter No.

COM/I/5/18(1)/2021/230 dated 23-08-2022,

Government is pleased to appoint Ms. Kavita

Khushali Nanshikar on temporary basis to the post

of Assistant Professor in Electrical and Electronics

Engineering (Group ‘A’ Gazetted) at Goa College of

Engineering, Farmagudi, Ponda-Goa on an initial

pay at Level 10 [i.e. on an initial pay of Rs. 15,600/-

(pre-revised) in the pay Scale of Rs. 15,600-39,100/-

(pre-revised) (PB-3)+Academic Grade Pay of

Rs. 6000/- (pre-revised)] w.e.f. from the date of joining

as per the terms & conditions contained in the

Memorandum cited above.

The appointment is against the post vacated with

effect from 24-10-2018 by Shri M. S. Rayadu,

Assistant Professor in Electrical and Electronics

Engineering at Goa College of Engineering,

Farmagudi.

Ms. Kavita Khushali Nanshikar will be on

probation for a period of two years.

She should join duties within 30 days of the

receipt of this order, failing which this order is liable

to be cancelled without further notice.

She has been declared fit by Medical Board, Goa

Medical College & Hospital, Bambolim vide letter No.

4/105/85-H/GMC/2023/93 dated 06-02-2023. Her

character and antecedents have been verified and

nothing adverse is reported against her as conveyed

by the Dy. Collector (LA), Office of the Collector and

District Magistrate South Goa District, Magisterial

Section, Matanhy Saldanha, Administrative

Complex, Margao-Goa vide letter No. 36/01/2022/

/VCA/MAG/256/II/M. O.1049 dated 04-04-2023.

By order and in the name of the Governor of

Goa.

Dr. Vivek B. Kamat, Director (Technical Education)

ex officio Addl. Secretary.

Porvorim, 8th May, 2023.

————

Order

No. 16/584/SMR/PF/GEC/DTE/23/384

Read: Memorandum No. 16/250/C&R of Posts of

GEC/DTE/10/Pt.I/3276 dated 11-01-2023.

On the recommendations of the Goa Public

Service Commission conveyed vide their letter No.

COM/I/5/18(2)/2021/400 dated 20-12-2022,

Government is pleased to appoint Ms. Sulana Maria

Rebelo on temporary basis to the post of Assistant

Professor in Computer Engineering (Group ‘A’

Gazetted) at Goa College of Engineering,

Farmagudi, Ponda-Goa on an initial pay at Level 10

[i.e. on an initial pay of Rs. 15,600/- (pre-revised) in

the Pay Scale of Rs. 15,600-39,100/- (pre-revised)

(PB-3)+ Academic Grade Pay of Rs. 6000/-

(pre-revised)] w.e.f. the date of joining as per the

terms & conditions contained in the Memorandum

cited above.

The appointment is against the post vacated with

effect from 17-06-2020 by Smt. Kavita Asnani,

Assistant Professor in Computer Engineering at Goa

College of Engineering, Farmagudi.

Ms. Sulana Maria Rebelo will be on probation for

a period of two years.

She should join duties within 30 days of the

receipt of this order, failing which this order is liable

to be cancelled without further notice.

She has been declared fit by Medical Board, Goa

Medical College & Hospital Bambolim vide letter

No. 4/105/85-H/GMC/2023/113 dated 13-02-2023.

Her character and antecedents have been verified

and nothing adverse is reported against her as

conveyed by the Dy. Collector (LA), Office of the

Collector and District Magistrate, South Goa

District, Magisterial Section, Matanhy Saldanha,

Administrative Complex, Margao-Goa vide letter

No. 36/01/2022/VCA/MAG/256/II/M.O. 975 dated

30-03-2023.

By order and in the name of the Governor of

Goa.

Dr. Vivek B. Kamat, Director (Technical Education)

ex officio Addl. Secretary.

Porvorim, 9th May, 2023.

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SERIES II No. 7

18TH MAY, 2023

Department of Labour

––

Notification

No. 28/02/2023-LAB/Part-III/307

The following Award passed by the Labour

Court-II, at Panaji-Goa on 12-04-2023 in Case No.

LC-II/Appl./1/2015 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.

Amalia O. F. Pinto, Under Secretary (Labour).

Porvorim, 02nd May, 2023.

––––

THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. LC-II/Appl./1/2015

Shri Rajendra Anant Gaude,

H. No. 879, Madpai Wada,

Marcel, Ponda-Goa.

…… Applicant

V/s

M/s. Oriental Containers Ltd.,

Kundaim Industrial Estate,

Kundaim-Goa. …… Opponent

Party-I/Workman represented by Adv. Shri P. J. Kamat.

Party-II/Employer represented by Adv. Shri G. K.

Sardessai.

Panaji, dated: 12-04-2023.

AWARD

1. This Award shall determine the application

dated 10-10-2015 filed by the Applicant u/s 2-A (2) of

the I.D. Act, 1947.

2. It is the case of the Workman in short that he

was appointed as an ‘Electrician’ w.e.f. 25-11-2008.

He stated that he was confirmed in service w.e.f.

26-05-2009. He stated that the Employer is a company

registered under the Companies Act, 1956 and is in

the business of bottle caps. He stated that the

Employer is working continuously in all the three

shifts throughout the year except on 26th January.

3. He stated that he was issued a charge-sheet

dated 22-08-2013 by the Employer alleging certain

misconducts and an enquiry was instituted against

him. He stated that he was suspended w.e.f.

22-08-2013 pending enquiry. He stated that he was

entitled for subsistence allowance @ 50% of the

wages for the first 90 days from the date of suspension

and thereafter @ 75% of the wages for the remaining

period of suspension under the provisions of the

Certified Standing Orders of the Employer. He stated

that he was not paid his subsistence allowance from

the date of suspension till the date of completion of

enquiry and the date of dismissal. He stated that he

was also not provided travelling or transport

allowance for attending the enquiry at Panaji. He

stated that non-payment of subsistence allowance

during his suspension pending enquiry was taken

up before the Asstt. Labour Commissioner, Ponda,

through the union, but the Employer was adamant

on non-payment. He stated that he was employed at

Kundaim. He stated that he resides at Marcela, Goa

and in the normal course the enquiry should have

been held at Kundaim. He stated that the Employer

fixed the place of enquiry at Panaji, which is far away

from Kundaim and Marcela and very much

inconvenient to him.

4. He stated that he had initially attended the

enquiry at Panaji by borrowing money from his

brother, but he could not borrow money indefinitely

and also could not engage any Defense

Representative to represent him in the enquiry for

want of subsistence allowance and transport

expenses. He stated that he brought these facts to

the notice of the Enquiry Officer from time to time

and finally on 17-06-2014 sent a letter to the Enquiry

Officer, denying the contentions of the Employer that

he is self-employed from the date of his suspension.

He stated that he had also requested the Enquiry

Officer to direct the Employer to pay him subsistence

allowance as well as TA/DA for attending the enquiry

at Panaji and in the event of non-payment, he cannot

attend the enquiry henceforth as he had no money

to travel as well as to engage a Defense

Representative to conduct his defense at Panaji. He

stated that inspite of the aforesaid letter, the Ld.

Enquiry Officer continued the enquiry and

concluded the same ex-parte and submitted his

report to the Employer. He stated that the Employer

acted on the said report and issued him show-cause

notice dated 22-09-2014 to show cause on the

proposed punishment. He stated that vide letter

dated 23-09-2014, he informed the Employer that the

Ld. Enquiry Officer has violated the principles of

natural justice, while conducting the enquiry by not

giving him proper opportunities and that the findings

of the Ld. Enquiry Officer are perverse and not based

on evidence on record. He stated that he requested

the Employer to furnish him the copies of the enquiry

proceedings held after filing his letter dated

17-06-2014 to the Ld. Enquiry Officer and the reply of

OFFICIAL GAZETTE — GOVT. OF GOA

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225

the Management Representative on his letter dated

17-06-2014. He stated that he further requested the

Employer to grant him 15 days’ time to file his reply

to the show-cause notice after furnishing him the

documents requested for and also called the

Employer to pay him subsistence allowance and

re-open the enquiry thereafter, so as to participate in

the enquiry. He stated that the Employer however,

did not consider his request and issued him a letter

of dismissal dated 25-10-2014 dismissing him from

service with immediate effect.

5. He stated that at the time of his dismissal, a

dispute in relation to non-payment of subsistence

allowance was pending in conciliation before the

Asstt. Labour Commissioner and Conciliation Officer,

Ponda as well as before the Labour Court II,

Panaji-Goa. He stated that he was concerned and

connected with the said dispute and as such the

Employer was required to follow the provisions of

Section 33 of the said Act, before terminating his

services. He stated that the Employer has

contravened Section 33 of the said Act and as such

the dismissal is non-est and illegal. He stated that he

thereafter sent a letter dated 30-10-2014 to the

Employer challenging his dismissal and calling upon

the Employer to reinstate him in service with full

back wages, continuity in service and consequential

benefits. He stated that the Employer did not reply

to his said demands. He stated that thereafter, he

raised an industrial dispute before the Asstt. Labour

Commissioner and Conciliation Officer, Ponda, Goa,

vide his letter dated 15-11-2014. He stated that as

the Employer did not agree to reinstate him with full

back wages, continuity in service and consequential

benefits, it was mandatory on the part of the ALC

and Conciliation Officer to record failure of

discussions and report the same to the appropriate

Government within 14 days of such failure. He stated

that the ALC and Conciliation Officer, Ponda, Goa,

did not record the failure of the conciliation even

though the Employer did not agree with the demand

and delayed the matter further, which has caused

him prejudiced. He stated that he therefore

approached before this court directly u/s 2 A (2) of

the I.D. Act, 1947 for adjudication of the dispute.

6. The Workman challenged the enquiry, findings

of the Ld. Enquiry Officer and his dismissal by the

Employer by contending that the Ld. Enquiry Officer

was biased and prejudiced and conducted an

ex-parte enquiry on 17-06-2014 inspite of letter dated

17-06-2014 to him. He submitted that non-payment

of subsistence allowance during the period of

suspension, thereby depriving him of his legitimate

right to appoint a Defense Representative in the

enquiry and thus, prejudiced his defense. He

submitted that non-payment of subsistence

allowance during the period of suspension amounts

to denial of opportunities in the conduct of his

defense. He submitted that debarring him from

attending the enquiry for want of funds. He

submitted that the Ld. Enquiry Officer violates the

principles of natural justice while conducting the

enquiry. He submitted that non-supply of copies of

documents mentioned in reply dated 23-09-2014 to

the show-cause notice dated 22-09-2014, thereby

preventing him a reasonable opportunity of showing

cause on the proposed punishment. He submitted

that not giving sufficient opportunity to file

explanation to the show-cause on the proposed

punishment and comments on the report of the Ld.

Enquiry Officer. He submitted that the findings of

the Ld. Enquiry Officer are not based on evidence on

record and the Enquiry Officer has travelled beyond

the scope of enquiry and has perverse. He submitted

that the Employer has contravened Section 33 of the

I.D. Act, 1947.

7. He stated that he is unemployed from the date

of his suspension till 31-10-2014. He stated that he is

presently working as a bill collector on specific

contract of 12 months. He therefore, submitted that

the action of the Employer in dismissing him from

services w.e.f. 25-10-2014 is non-est, illegal, unjust

and malafide. He submitted that the termination is

disproportionate to the misconduct alleged to have

been proved against him. He therefore, prayed that

the action of the Employer in dismissing him from

services w.e.f. 25-10-2014 be declared as non-est,

illegal, unjust and malafide and that he continued to

be in service with full back wages, other benefits,

continuity in services and consequential benefits

thereof.

8. The Employer resisted the claim of the Workman

by filing its written statement on 30-11-2015 at

Exb. 5. The Employer admitted that the Workman was

employed with them as Electrician in maintenance

department at their factory in Kundaim. The Employer

admitted that the Workman was issued a

charge-sheet dated 22-08-2013. The Employer

admitted that the Workman was suspended pending

enquiry. The Employer stated that during the

pendency of the enquiry, the Workman made a

representation date 05-01-2014 to the Labour

Commissioner, claiming that he has been denied

subsistence allowance. The Employer stated that by

their letter dated 27-01-2014, the management

contended that during the period of suspension the

Workman has been self-employed as an electrician.

The Employer admitted that they were also in receipt

of the notice dated 18-02-2014 from the Asstt. Labour

Commissioner on the subject matter of subsistence

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SERIES II No. 7

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allowance. The Employer stated that it has replied

to the Asstt. Labour Commissioner by their letter

dated 28-02-2014 stating that during the period of

suspension, the Workman is employed as an

electrician and hence, payment of subsistence

allowance to the concerned employee does not arise.

The Employer stated that the Workman has been

delaying the enquiry proceedings and therefore,

granting of any relief by way of subsistence

allowance does not arise.

9. The Employer stated that on 06-09-2013, the

Workman refused to sign the papers of the enquiry

proceedings. The Employer stated that on 17-09-2013,

he refused to accept the postal communication

intimating the enquiry is scheduled on 27-09-2013

and remained absent for the enquiry. The Employer

stated that the Workman again refused to accept the

communication on 17-04-2014 and failed to remain

present for the enquiry. The Employer stated that

the Workman adopted all efforts and ploys to

postpone the enquiry. The Employer stated that the

delay in completing the enquiry can only be

attributed to the Workman and hence, he is not

entitled for subsistence allowance. The Employer

denied that the Workman is not entitled to conduct

the enquiry in Panaji or that the enquiry has to be

necessarily conducted in Kundaim, which is the place

of his employment. The Employer stated that the

claim for subsistence allowance is not an industrial

dispute and in any event the said dispute was not

admitted in conciliation proceedings and in fact the

employee was not attending the proceedings before

the Asstt. Labour Commissioner and as such the

question of making an application u/s 33 of the I. D.

Act, does not arise. The Employer prayed that in the

event the enquiry is set aside on any grounds, they

may be permitted to lead fresh evidence in support

of the charge.

10. The Employer stated that the charge-sheet

issued to the Workman as he was involved in the

following acts of misconducts:

(a)

Clause 25 (c)– Willful slowing down in

performance of work, or abetment or

instigation thereof.

(b)

Clause 25 (f)– Habitual absence without leave

or absence without leave for more than ten

consecutive days or overstaying the

sanctioned leave without sufficient grounds

or proper or satisfactory explanation.

of discipline or good behaviour on the premises

of the establishment or outside if such an act

has rational connection and bearing with the

employment and adversely effects the

discipline and working of the establishment.

(d)

Clause 25 (n)– Habitual breach of any rules or

instructions for the maintenance and running

of any department, or the maintenance of the

cleanliness of any portion of the establishment

11. The Employer stated that an enquiry was

conducted into charge-sheet dated 22-08-2014, by

appointing Mr. Prasanna Chawdikar as Enquiry

Officer. The Employer stated that during the enquiry,

the management was represented by Mr. Yeshwant

Parab, its Manager-HR and the Workman was initially

represented by Mr. Deepak Dhuri as his Defense

Representative. The Employer stated that thereafter

the Workman chose to represent his case in person.

The Employer stated that the enquiry against the

Workman commenced on 06-09-2013 and concluded

on 17-06-2014. The Employer stated that the

management examined Mr. Laxman Kopardekar, Mr.

Sidharth Volvoikar and Mr. Sunil Lal as their

witnesses. The Employer stated that all the witnesses

were duly cross-examined by the Defense

Representative. The Employer stated that the

Workman did not examine any witnesses in support

of his defense. The Employer stated that the Ld.

Enquiry Officer has followed the well-established

principles and has tested the evidence of both the

parties. The Employer stated that the Ld. Enquiry

Officer concluded that the management has proved

the charges. The Employer stated that the findings

given by the Ld. Enquiry Officer are based on the

evidence on record of the enquiry. The Employer

stated that the enquiry has been conducted by the

Ld. Enquiry Officer in accordance with the principles

of natural justice. The Employer stated that proper

opportunity of defending was offered to the Workman

in enquiry. The Employer stated that the Enquiry

Officer considered the objections if any raised by the

Workman or his representative during the said

enquiry. The Employer stated that the Ld. Enquiry

Officer has acted in an impartial manner. The

Employer stated that the findings given by the Ld.

Enquiry Officer are reasoned findings and are based

on evidence on record. The Employer stated that the

quantum of punishment by way of dismissal is

proportionate to the gravity of misconduct and no

interference is called for. The Employer denied the

overall case as pleaded by the Workman and prayed

for rejection of the present reference.

12. Thereafter, the Workman filed his Re-joinder

on 23-12-2015 at Exb. 06. The Workman, by way of

his Re-joinder, denied each and every statement,

averments and submissions made by the Employer,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

227

vide their Written Statement filed in the present

proceedings and reiterates and confirms the

statements, averments and submissions made by him

in his statement of claim. The Workman stated that

his request to allow the office bearer of his union to

represent him in the enquiry was disallowed and as

such he had no other alternative to represent his case

himself, though he was not at all well verse in the

conduct of the cross-examination of the management

witnesses.

13. Based on the pleadings filed by the respective

parties this Hon’ble Court framed the following issues

on 15-02-2016 at Exb. 9.

Whether a free, fair & proper enquiry has

been conducted against the Workman/Party I

in respect of charge-sheet dated 22-08-2013

in accordance with the principles of natural

justice r/w provisions of certified standing

orders of the Employer?

Whether the charges of misconduct leveled

against the Workman vide charge-sheet

dated 22-08-2013 have been proved to the

satisfaction of this court by acceptable

evidence?

Whether the Workman/Party-I proves that

the action of the Employer/Party-II in

terminating his services w.e.f. 25-10-2014 is

illegal and unjustified?

Whether the Workman/Party-I proves that

his dismissal from services w.e.f. 25-10-2014

is in contravention of Sec. 33 of the I.D.Act,

1947?

Whether the Workman/Party-I proves that he

is entitled for any relief?

What Order?

Thereafter, both parties laid evidence on the

preliminary Issue No. 1 & 2. This Hon’ble Court passed

order on 17-01-2018 on the findings on the

preliminary issue No.1 & 2 and held that the enquiry

conducted against the Workman is in violation of the

principles of natural justice and hence the enquiry

is quashed and set aside. Subsequently both parties

led evidence on the remaining issues and the matter

was fixed for final arguments on 13-10-2022. On

13-10-2022, 08-11-2022 and 16-12-2022 both parties

argued the matter partly. On 14-02-2023, Ld. Adv. Shri

P. J. Kamat appearing for the Applicant as well as Ld.

Adv. Shri G. K Sardessai representing the Employer

appeared before me and submitted that the matter

is likely to settle amicably. Accordingly on 12-04-2023

Ld. Adv. Shri P. J. Kamat appearing for the Applicant

as well as Ld. Adv. Shri G. K. Sardessai representing

the Employer appeared before me and submitted that

they have settled the matter amicably and filed an

application for Award in terms of settlement along

with a memorandum of settlement u/s 2 (P) r/w

Section 18 (1) of the I. D. Act, 1947 between the

Workman and the Employer which is on record at

Exb-60-colly. The terms of the settlement as agreed

between the parties have been reproduced here

under

1. It is agreed between the parties that Mr.

Rajendra A. Gaude shall be permitted to

withdraw the amount of Rs. 78,268.00/- (Rupees

seventy eight thousand two hundred sixty eight

only) deposited in the High Court along with all

the interest accrued thereon.

2. It is further agreed between the parties that a

sum of Rs. 14,435.00 (Rupees fourteen thousand

four hundred thirty five only) shall be paid Mr.

Rajendra A. Gaude towards gratuity by cheque

bearing No. 341603 dated 31-03-2023 , drawn

on Punjab National Bank, Ponda Branch.

3. In view of the above Mr. Rajendra A. Gaude

agrees not to pursue the application bearing

No. 01/2015 before the Labour Court-II or any

dispute raised individually or through any union

before any Tribunal, Court, Authority, Forum and

treat the same as settled.

4. It is agreed between the parties that this

settlement shall be filed before the Labour

Court-II

under

application

bearing

No. 01/2015 for an award in terms of the present

settlement and before the High Court in

WP/520/2016 with a prayer for disposal of the

petition.

I have gone through the terms of settlement signed

by the parties hereinabove and is of the opinion that

the said terms of settlement are beneficial to both

the parties. The said terms of settlement also useful

for the harmonious relation between the parties.

Hence, I approved the same. In view of above and

with regards to the facts and circumstances of the

present case, I proceed to pass the following order.

ORDER

1. It is held that the reference as to whether

the action the management of M/s. Oriental

Containers Ltd., Kundaim Industrial Estate,

Kundaim-Goa, in terminating services of Shri

Rajendra Anant Gaude, w.e.f. 25-10-2014 is

legal and justified, does not survive.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

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SERIES II No. 7

18TH MAY, 2023

Notification

No. 28/02/2023-LAB/Part-I/308

The following Judgment/Order passed by the

Labour Court-II, at Panaji-Goa on 11-04-2023 in Case

No. Ref. LC-II/LCC/01/2021 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.

Amalia O. F. Pinto, Under Secretary (Labour).

Porvorim, 03rd May, 2023.

––––

THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. LC-II/LCC/01/2021

Shri Maktumasab N. Naragund,

C/o Shri Shankar R. Ambekar,

H. No. 38, Konadi, Korgao,

Pernem-Goa 403512.

…… Applicant

V/s

M/s. Om Sai Security &

Labour Supply Group,

H. No. 5811, Near Ganesh Temple,

Marwadi, Pune, Maharashtra 411018. ...…Opponent

Applicant represented by Adv. Mrs. R. Pednekar.

Opponent absent already marked ex-parte.

Panaji, dated: 11-04-2023.

ORDER

1. This Judgment and Order shall determine the

claim application of the Applicant dated 19-01-2021,

filed U/S 33-C (2) of the I.D. Act, 1947.

2. The Applicant claimed a total sum of Rs.1,18,158/-

(Rupees one lakh eighteen thousand one hundred

and fifteen eight only) towards his unpaid wages.

3. Upon receipt of the aforesaid claim application,

a due notice was issued to both the parties. In

pursuance to the said notice, the Applicants present

in person. The registered A/D notice issued to the

Opponent returned back with postal endorsement

“intimated” “unclaimed returned to sender”. The

Opponent is therefore presumed to be treated as duly

served. The Opponent has however, failed to remain

present on the scheduled date of hearings without

any justifiable cause. The court after giving ample

opportunities to the Opponent, marked an ex-parte

order against him and ex-parte proceedings were

conducted.

4. This court has framed the following issues on

21-12-2022 at Exb. 9.

1. Whether the Applicant proves that he is

entitled to receive from the Opponent an

amount of Rs. 1,18,158/- (Rupees one lakh

eighteen thousand one hundred and fifteen

eight only) towards his unpaid wages?

2. What Order?

5. My answers to the aforesaid issues are as under:

(a) Issue No. 1 :

In the affirmative.

(b) Issue No. 2 :

As per final order.

I have heard the oral arguments of Ld. Adv. Mrs. R.

Pednekar appearing for the Applicant. On the

contrary the Opponent has been marked an ex-parte.

I have carefully perused the entire records of the

present case. I have also carefully considered the

submissions advanced before me.

REASONS

Issue No. 1:

To prove his case, the Applicant has examined

himself. The Applicant also produced on record

certain documentary evidence in support of oral

evidence. The said oral as well as documentary

evidence on record remained unchallenged for want

of denial.

The evidence on record indicates that the

Applicant was working with the Opponent as

Security Guard since September 2016 till 07-09-2020.

The evidence on record indicates that the Applicant

was not paid his monthly salary for the month of

March 2020 till 07-09-2020. The total amount the

Applicant is entitled to receive from the Opponent

is Rs. 1,18,158/- towards the unpaid salary of March

2020 till 07-09-2020. Thus the Applicant is entitled

to receive from the Opponent a sum of Rs. 1,18,158/-.

The Applicant therefore proves that he is entitled to

receive from the Opponent a sum of Rs. 1,18,158/-

towards his unpaid wages. The Issue No. 1 is therefore

answered in the affirmative.

The Applicant is also entitled for the interest on

the said amount of Rs. 1,18,158/-. Accordingly the

said amount of Rs. 1,18,158/- shall be paid to the

Applicant along with interest at the rate of 9% per

annum.

In view of above I pass the following order:

ORDER

It is held that the Opponent M/s. Om Sai Security

& Labour Supply Group, Pune, Maharashtra, is

directed to pay to the Applicant Shri Maktumasab

N. Naragund, a sum of Rs. 1,18,158/- along with

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

229

interest at the rate of 9% from the date of its maturity

till its actual realization.

No order as to costs.

Pronounced in the Open Court.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

———uuu———

Department of Personnel

–––

Order

No. 6/5/2023-PER/1375

On the recommendation of the Goa Services

Board, the Governor of Goa is pleased to order the

transfer and posting of the following Officer of Goa

Civil Service, in public interest, with immediate

effect:-

Sr.

Name and present

Posted as

No.

posting of the officer

Shri Prasad Volvoikar,

Director of Public

MD, Goa State SC &

Grievances.

OBC Finance &

Development Corporation

Shri Devidas Gaonkar, Member Secretary, Goa

State Commission for Backward Classes shall hold

the charge of the post of MD, Goa State SC & OBC

Finance & Development Corporation, in addition to

his own duties.

The officers shall complete handing over and

taking over process with immediate effect and submit

compliance.

By order and in the name of the Governor of

Goa.

Eshant V. Sawant, Under Secretary (Personnel-I).

Porvorim, 09th May, 2023.

————

Order

No. 6/28/2016-PER/1376

On the recommendation of the Departmental

Promotion Committee, the Governor of Goa is

pleased to promote the following Selection Grade

Officers of Goa Civil Service to Senior Administrative

Grade (Group ‘A’ Gazetted), under Rule 34 of the

Goa Civil Service Rules, 2016, in Level 14 of Central

Civil Services (RP) Rules, 2016 with immediate

effect:-

1. Shri Dipak Desai.

2. Shri V. P. Dangi.

3. Shri Dipak M. Bandekar.

4. Shri Vikas S. N. Gaunekar.

5. Smt. Deepali D. Naik.

6. Shri Raju V. Gawas.

7. Shri Anthony J. D’Souza.

8. Smt. Sandhya S. Kamat.

9. Shri Damodar S. Morajkar.

10. Smt. Laura Britto e Madre De Deus.

11. Shri Vassudev N. Shetye.

12. Shri Rajendra D. Mirajkar.

13. Shri Rajan K. Satardekar.

14. Shri Pravin M. S. Barad.

15. Smt. Upasana Mazgaonkar.

16. Shri Prashant P. Shirodkar.

17. Shri Sanjeev C. Gauns Dessai.

The Officers shall exercise their 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 the order. The option once exercised

shall be final.

On promotion, the Officers shall continue to hold

the post presently held by them, until further orders.

This issues with the concurrence of Goa Public

Service Commission conveyed vide letter No. COM/

/II/11/42(6)/2016/103 dated 08-05-2023.

By order and in the name of the Governor of

Goa.

Eshant V. Sawant, Under Secretary (Personnel-I).

Porvorim, 9th May, 2023.

———uuu———

Department of Public Health

–––

Notification

No. 22/5/2015-I/PHD/Part/709

In exercise of the powers conferred by Section 3

of the Goa Nursing Council Act, 2012 (Goa Act 23

of 2012), the Government of Goa hereby

re-constitutes the Goa Nursing Council consisting

of the following members, namely:-

(1) Director of Health Services

—

Ex officio

Member.

(2) Dean, Goa Medical College

—

Ex officio

Member.

(3) Oslinda Clara Fernandes,

—

Member.

Word Incharge, Goa Medical

College, Bambolim-Goa

(4) Jyoti Sawal, Staff Nurse,

—

Member.

ESI, Margao-Goa

230

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

(5) Helena Monteiro, Word Incharge, —

Member.

Institute of Psychiatry & Human

Behaviour

(6) Vandana Dessai, Word Incharge,

—

Member.

Hospicio Hospital, Margao,

South Goma

(7) Maria Ira Bevinda Justina

—

Member.

Rodrigues, Public Health

Nurse, Goa Medical College,

Bambolim-Goa

(8) S. Rajeswari, Professor-cum-

—

Member.

-Principal, Vrundavan Institute

of Nursing Education,

Colvale-Goa

(9) Geeta Sawal, Auxiliary

—

Member.

Nurse-Midwife, Primary Health

Centre, Aldona, Sub-Centre,

Boatora-Goa

(10) Dr. Wilson Fernandes, Principal, —

Member.

Institute of Nursing Education,

Bambolim-Goa

(11) Miss Ekta Karkal, Tutor,

—

Member.

Institute of Nursing Education,

Bambolim-Goa

(12) Mrs. Sheelpa B. Gaunkar, Tutor,

—

Member.

Institute of Nursing Education,

Bambolim-Goa

(13) Mrs. Reeva Maria Barneto,

—

Member.

Superintendent, Manipal

Hospital, Panaji-Goa

(14) Mrs. Clevy D’Souza, Word

—

Member.

Incharge, North Goa District

Hospital, Mapusa-Goa

By order and in the name of the Governor of

Goa.

Gautami S. Parmekar, Under Secretary (Health).

Porvorim, 10th May, 2023.

———uuu———

Department of Public Works

–––

Order

No. 34/2/2023/PCE-PWD-ADM(II)/23

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/II/12/36(1)/2014/533 dated 27-03-2023, Government

is pleased to lift the probation period of following

Officers in the post of Assistant Engineer/Assistant

Surveyor of Works/Engineering Assistant (Civil) in

the Public Works Department with effect from date

of completion of probation period shown against

their names below:

Sr.

Name of the officers

Date of completion

No.

of probation period

Degree Holder

Shri Pandurang M. S. Nadkarni

18-08-2022.

Shri Sumant V. Khaunte

18-08-2022.

Shri Vincente T. D’Souza

18-08-2022.

Smt. Namita Harish P. Lawande

18-08-2022.

Shri Nolasco A. Pereira

18-08-2022.

Shri Erlick J.T. do Rosario

18-08-2022.

Noronha

Smt. Marise Desiree D’Mello e

18-08-2022.

Saucar

Shri Satyendra S. Bhobe

18-08-2022.

Shri Subodh S. Shet Shirodkar

18-08-2022.

10.

Shri Sanjay P. Perni

18-08-2022.

11.

Shri Prashant U. Naik

18-08-2022.

12.

Shri Jose F. S. B. Mascarenhas

18-08-2022.

13.

Shri Devendra V. Velingkar

18-08-2022.

14.

Smt. Rashmi R. Shirodkar (OBC)

18-08-2022.

15.

Shri Gajanan R. Desai

18-08-2022.

Shri Pritesh A. Naik

18-08-2022.

17.

Shri Amit A. P. Verlekar

18-08-2022.

18.

Shri Sailesh P. Vaigankar (CFF)

18-08-2022.

19.

Shri Mahesh J. Kenavdekar (SC)

18-08-2022.

20.

Kum. Rosalino Borges (ST)

18-08-2022.

21.

Kum. Jyoti A. Velipo (ST)

18-08-2022.

22.

Shri Pankaj B. Narvekar (OBC)

18-08-2022.

23.

Smt. Harsha V. Sinai Kakodker

18-08-2022.

24.

Smt. Stacey Renee Fernandes

18-08-2022.

e Ferrao

25.

Shri Mahanand Sadanand Shet

18-08-2022.

(OBC)

26. Kum. Soraia Maria Coutinho

18-08-2022.

27. Kum. Manisha P. Shet (OBC)

18-08-2022.

28. Kum. Joycee P. Fernandes

18-08-2022.

29. Shri Harish S. Tanawade

18-08-2022.

30. Smt. Rashmi R. Mayekar (OBC)

18-08-2022.

31. Shri Pandurang P. S. Varde

18-08-2022.

32. Shri Anand Mishra

18-08-2022.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

231

33. Smt. Pratima V. Garde

18-08-2022.

34. Smt. Reena Prasanna Kumar

18-08-2022.

Diploma Holder

Shri Arvind N. Phadte

18-08-2022.

Shri Deepak R. Metri

18-08-2022.

Shri Sanjay H. Bhakle

18-08-2022.

Shri Pandurang L. Naik

18-08-2022.

Shri Tatoba S. Patil

18-08-2022.

Smt. Dafia Pandit

18-08-2022.

Shri Mahesh M. Shetty

18-08-2022.

Shri Vassudev L. Parab

18-08-2022.

Shri Joao B. Braganza

18-08-2022.

10.

Smt. Swati Sunil Dessai

18-08-2022.

11.

Shri Guirish L. Sawant

18-08-2022.

12.

Shri Uttam G. Shetye

18-08-2022.

13.

Smt. Marlene L. de Gama Pais

18-08-2022.

14.

Shri Prasad R. Sakhardande

18-08-2022.

15.

Shri Umesh S. Borkar

18-08-2022.

16.

Shri Meghashyam R. Naik

18-08-2022.

17.

Shri Augusto Kenedy Pereira

18-08-2022.

18.

Smt. Nalini Ajay

18-08-2022.

19.

Shri Jayanand S. Madkaikar

18-08-2022.

20.

Shri Digambar P. Naik (OBC)

18-08-2022.

21.

Shri Devidas H. Borkar (ST)

18-08-2022.

22.

Shri Joaquim Inacio Vaz (ST)

18-08-2022.

23.

Shri Subhash K. Gaude (ST)

18-08-2022.

24.

Shri Shanu Kushta Gaonkar (ST)

18-08-2022.

25.

Shri Rajendra Prakash Gaude (ST)

18-08-2022.

26.

Shri Rajesh T. Gaude (ST)

18-08-2022.

27.

Shri Abhay Gurudas Gawade (ST)

18-08-2022.

28. Smt. Milan K. Haldankar (OBC)

18-08-2022.

29. Smt. Smita Xexicanta Kamat

18-08-2022.

30. Smt. Rashmi R. Mayekar (OBC)

18-08-2022.

31. Smt. Sandra Maria Fernandes

18-08-2022.

Linhares e Colaco

32. Shri Yeshwant F. Mapari

18-08-2022.

33. Smt. Neves P. Fernandes e

18-08-2022.

Sequeira

34. Shri Randhir L. Ashtekar (SC)

18-08-2022.

35. Shri Arvind A. Paiginkar

18-08-2022.

36. Shri Dinesh S. Tare

18-08-2022.

37. Shri Naresh K. Painginkar

18-08-2022.

38. Shri Vinay K. Gaonkar

18-08-2022.

39. Shri Robert V. de Souza

18-08-2022.

40. Kum. Assumption Luis

18-08-2022.

41. Kum. Usha N. Phal Dessai

18-08-2022.

42. Shri Maheshbharati V.

18-08-2022.

Goswami

43. Shri Bento C. Mascarenhas (ST)

18-08-2022.

This is issued with the approval of the

Government.

By order and in the name of the Governor of

Goa.

Uttam P. Parsekar, Principal Chief Engineer (PWD)

& ex officio Addl. Secretary.

Panaji, 09th May, 2023.

–––––—

Order

No. 34/2/2023/PCE-PWD-ADM(II)/24

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/II/12/36(4)/2014/526 dated 20-03-2023, Government

is pleased to lift the probation period of following

Officers in the post of Assistant Engineer/Assistant

Surveyor of Works/Engineering Assistant

(Mechanical/Electrical) in the Public Works

Department with effect from date of completion of

probation period shown against their names below:

Sr.

Name of the officer

Date of completion

No.

of probation period

Degree Holder

Shri Sanjeev M. Prabhu

18-08-2022.

Shri Balaji V. Phadte (OBC)

18-08-2022.

Smt. Nilam N. Nagvenkar (ST)

18-08-2022.

Shri Yatin Naik (OBC)

18-08-2022.

Shri Suraj B. Shet (OBC)

18-08-2022.

Shri Sunil R. Gaude Kerkar (ST)

18-08-2022.

Shri Dilip Naik

18-08-2022.

Shri Jayesh P. Nair

18-08-2022.

Shri Suraj Kochrekar

18-08-2022.

10.

Smt. Jyoti Shirodkar

18-08-2022.

232

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 7

18TH MAY, 2023

Diploma Holders

Shri Felix Caitaninho Menezes

19-08-2020.

Shri Vitorino D’Souza

19-08-2020.

Shri Rix Archibald de Souza

19-08-2020.

Shri Joaquim Olavo P. Dias

19-08-2020.

Shri Ivo Antonio Fernandes

19-08-2020.

Shri Manuel Minguel Fernandes

19-08-2020.

Shri Dinesh R. Gaude (ST)

19-08-2020.

Shri Premanand H. Vernekar

19-08-2020.

This is issued with the approval of the Government.

By order and in the name of the Governor of Goa.

Uttam P. Parsekar, Principal Chief Engineer (PWD) & ex officio Addl. Secretary.

Panaji, 09th May, 2023.

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