The Goa Government Employees Association and Others vs State of Goa and Others

S.C. Dharmadhikari & U.V. Bakre,JJ.

Heard both sides and perused the petition. The Petition is filed for the following reliefs:

a. Issue a writ of certiorari or a writ in the nature of certiorari or any order appropriate writ, order or direction to quash and set aside the impugned Circular dated 19.03.2011;

b. Issue a declaration that the Petitioner No.1 continue to be recognized by the Government of Goa as an Association of the Goa Government employees;

c. Issue a declaration that the deductions done by the Respondent no.1 in respect of employees as stated at Sr. Nos. 1 to 31; by the Respondent Nos. 3 in respect of employees as stated as Sr. Nos. 32 to 51 and by the Respondent No. 4 in respect of employees as stated as Sr. Nos. 52 to 64 in para 14 above pursuant tot he directions issued by the Respondent No.1 is patently illegal and the petitioners are entitled for refund of the "salary so deducted;

On the last occasion, we inquired from Ms. Mordekar, learned Additional Government Advocate as to whether the Government would continue to recognize the petitioner association as association of the Goa Government Employees and she sought time to take instructions and file affidavit.

Today she has tendered an affidavit of Under Secretary (Personnel-III), Personnel Department, Government of Goa with reference to the Certificate of Registration granted to the petitioner dated 2nd September,1987 and states that no rule for recognition had then been framed. The petitioner has been recognized by the respondent as an association but on certain terms and particularly subject to the rules framed by the Government.

The Rules framed required the petitioner to forward its audited statement of accounts. The Certificate of Registration was renewed by the State up to 11th June, 2015 but the audited statement of accounts for the year 2003-2006, 2010 and 2011 so also the list of office bearer from 2003 to 2011 has not been filed till date.

It is stated on instructions by Mr. N. Sardessai that some details have been forwarded and the petitioner association would also forward other details in terms of the letter dated 22nd February, 2012, copy of which is at Exh. R-1 page no. 64 of the petition paper book, within a period of four weeks from today.

Upon such details sought by the letter being forwarded to the respondent it should consider the matter. and request of the Petitioner and issue the renewal certificate in terms of the statement made in paragraphs 7 and 8 of this affidavit.

Mr. N. Sardessai states that the petitioner''s accounts are audited at the end of the term. Therefore, the audited statement of accounts for the year 2010-2011 would be furnished on or before 31st March, 2013.

The Petition is disposed of by directing that since the circular dated 19th March, 2011 will not prevent the Respondent from considering the having been continued to be recognised, request of grant of recognition and the petitioner is at liberty to institute appropriate proceedings in accordance with law in so far as their other grievance pertaining to the circular dated 19th March,2011 is concerned. Amendment has been carried out as per order dated 9/4/2012.

Equally, the grievance of the petitioner in terms of prayer clause (b) of the petition is also taken care of in the light of the statement made in the affidavit and State agreeing to consider the request of the have continued to be recognized petitioner to grant them recognition as Goa Government Employees Association but in the aforesaid terms.

In so far as the relief claimed in prayer clause ( c) is concerned liberty to institute appropriate proceedings in appropriate Court and all contentions of both sides in that behalf are kept open. Petition disposed off. No costs.