Case Note & Summary
By way of this writ petition filed under Article 226 of the Constitution of India, the North Goa (Non-Gazetted) Judicial Court Employees Association, a society registered under the Societies Registration Act, 1860, and its president approached the High Court of Bombay at Goa with a prayer for a writ of mandamus or any other appropriate direction to the State of Goa and the Goa State Infrastructure Development Corporation Limited (GSIDC) to provide air conditioning facilities to the employees working at the new District and Sessions Court and Subordinate Courts Building at Merces, Tiswadi. The petitioner association claimed over 452 members, comprising various ranks of non-gazetted judicial staff such as Chief Administrative Officer, Court Manager, Superintendent, Clerk, Stenographer, Nazir, Accountant, Bailiff, Havildar, Peon, Liftman and Watchman. The new court complex was described as a modern, technologically advanced structure with virtual courtrooms, digital facilities, e-seva Kendra, e-filing systems and air-conditioned courtrooms, judges' chambers, advocates' chambers, bar rooms, public prosecutors' offices, VIP lounges and administrative chambers. The petitioners contended that non-gazetted judicial employees were denied air-conditioning in their offices and working areas despite being an integral part of the justice delivery system, which amounted to invidious discrimination. The Principal District and Sessions Judge had forwarded a proposal for procuring an additional transformer to bear the load of tower air conditioners, but GSIDC rejected it on 4.3.2024 stating it was not possible to augment capacity. The State Government, through the Under Secretary (Establishments), Law and Judiciary Department, filed an affidavit stating that the proposal for providing air conditioners was placed before Government but not accepted and that a well-considered decision refusing the facility was taken. This was communicated to the Principal District Judge by letter dated 23.7.2024. In an additional affidavit, the petitioner alleged a shift in the State's stand from feasibility to financial constraints. GSIDC filed an affidavit explaining that the construction was awarded to M/s M. Venkata Rao Infra Projects Pvt Ltd and interior work to Godrej & Boyce Mfg. Co. Ltd; the building was inaugurated on 19.10.2024 and courts became functional from 10.3.2025; a defect liability period of three years from the completion certificate dated 17.9.2024 was in force; installation of air conditioning would require breaking false ceilings, dismantling light fixtures, smoke detectors, speakers and cutting walls for pipes, which could absolve the contractor of liability; tower ACs were not feasible due to outdoor unit and piping obstructing movement; installation would take seven months and disrupt court functioning for two months; upgrading from 11 KV to 33 KV would cost wasteful expenditure of 1.65 crores, additional 5.5 crores for 33 KV equipment and 4 crores for AC, totaling 12 crores, and would invite similar demands from other court complexes. The court took judicial note of the new complex as a state-of-art building with built-up area of 34,967 sq.mt., stilt plus five floors. The bench of Justice Bharati Dangre and Justice Nivedita P. Mehta heard the matter and issued Rule returnable forthwith. The extracted portion of the judgment does not contain the final operative order or ratio decidendi.
Headnote
A) Constitutional Law - Equality and Non-Discrimination - Denial of Air-Conditioning to One Class of Employees in Same Establishment - Constitution of India, 1950, Article 14 - Petitioners argued that non-gazetted judicial employees were excluded from air-conditioning while judicial officers, advocates, public prosecutors, VIP lounges and administrative chambers were provided the facility; such exclusion of an integral part of justice delivery system amounts to discrimination; no final ruling is recorded in the extracted text (Paras 5-8). B) Administrative Law - Writ of Mandamus - Judicial Review of Infrastructure and Resource Allocation Decisions - Constitution of India, 1950, Article 226 - Petition sought mandamus to provide air-conditioning to judicial employees; respondents raised technical infeasibility, cost implications and disruption; court took judicial note of the new complex but no final direction is available in the extracted text (Paras 2, 9-12). C) Public Employment - Working Conditions - Demand for Basic Amenities by Judicial Employees - Societies Registration Act, 1860, Section Not mentioned - The association with 452 members sought air-conditioning after representations to Principal District Judge and GSIDC; principal judge's suggestion for additional transformer was rejected on 4.3.2024; the petition was filed to enforce legitimate grievance (Paras 3, 6).
Issue of Consideration
Whether denial of air conditioning facilities to non-gazetted judicial court employees while providing them to other stakeholders in the new District and Sessions Court complex at Merces violates Article 14 of the Constitution of India; whether a writ of mandamus should be issued directing the State and GSIDC to provide air conditioning facilities to the petitioners.
Law Points
- Article 226 of Constitution of India provides writ jurisdiction to enforce public duties
- denial of basic amenities to one class of employees in the same establishment may amount to discrimination under Article 14 of Constitution of India
- executive decisions allocating infrastructure must not be arbitrary
- writ of mandamus can be sought to compel provision of working conditions integral to justice delivery
