High CourtsDivision Bench(2008) 08 BOM CK 0088

Shri Vishwas K. Nayak, Liaison Officer, Institute of Public Assistance vs Institute of Public Assistance, State of Goa and Smt. Hira Bhutki Shetye, Stewardess, Institute of Public Assistance

Bombay High Court · Decided on 13 August 2008

HON’BLE JUDGES
Santosh Bora, J · S.C. Dharmadhikari, J
CASE NUMBER
Writ Petition No. 85 of 2001

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Judgment

6 paragraphs · 290 words

S.C. Dharmadhikari, J.—In this writ petition an application was made for amendment to incorporate subsequent event.

2.

The subsequent event is that an order dated 07.07.2006 has been issued by Institute of Public Assistance, through its Director under which the petitioner had been promoted to the post of Social Welfare Officer, Group ''B'' which post was lying vacant. The pay scale is Rs. 5500-175-9000.

3.

The order clarifies that earlier the petitioner could not be promoted because his recommendation had to be placed in sealed cover. That a decision was taken by the Departmental Promotion Committee held in 2003 and the cover has been opened. Now, considering the confidential rolls and vigilance clearance, decision has been taken to promote the petitioner w.e.f. 17.10.2003 on regular basis. Though the promotion is notional, it is stated that the petitioner is held to be entitled for all arrears of pay as admissible from 17.10.2003.

4.

When this aspect was noted by us, we directed Mr. Sonak, appearing on behalf of the petitioner to take instructions from the petitioner and make a statement before us as to whether the petitioner is satisfied with this development and order.

5.

Today, when the matter is called out, on instructions, Mr. Sonak makes a statement that the petitioner is satisfied with the order promoting him w.e.f. 17.10.2003 and granting him all the arrears of promotional pay scale w.e.f. 17.10.2003 (notional).

6.

In the light of the statement made by Mr. Sonak, nothing survives in the writ petition and the petition is disposed off. We take a copy of the order dated 07.07.2006 on record and mark it ''X'' for identification. It is in the light of this order that the writ petition is disposed off. No costs.