Case Note & Summary
The petitioner, Mrs. Terezinha Fernandes, a Stenographer in the Public Works Department, Government of Goa, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to grant her the Assured Career Progression Scheme (ACPS) as Junior Stenographer and not as Work Assistant. The petitioner had pressed for relief in terms of prayer clause (a) of the petition. The respondents, represented by the Additional Government Advocate, referred to an order passed by a Division Bench of the Bombay High Court at Goa in Misc. Civil Application No.516/2009 in Writ Petition No.269/2001 dated 16.11.2009. The court, after perusing the record and considering the submissions, found that the petitioner was entitled to the ACPS with effect from 26.8.2004, in view of the earlier orders. The writ petition was partly allowed, and the rule was made absolute in those terms. No order as to costs was made.
Headnote
A) Service Law - Assured Career Progression Scheme - Entitlement - The petitioner, a Stenographer in the Public Works Department, sought a writ of mandamus directing the respondents to grant the Assured Career Progression Scheme (ACPS) as Junior Stenographer and not as Work Assistant. The court, relying on earlier orders in Writ Petition No.269/2001 and Misc. Civil Application No.516/2009, held that the petitioner is entitled to ACPS with effect from 26.8.2004. The writ petition was partly allowed with no order as to costs. (Paras 3-7)
Issue of Consideration
Whether the petitioner is entitled to the Assured Career Progression Scheme as Junior Stenographer and not as Work Assistant, and from which date.
Final Decision
The writ petition is partly allowed. The petitioner is entitled to the Assured Career Progression Scheme with effect from 26.8.2004. Rule made absolute in those terms. No order as to costs.
Law Points
- Assured Career Progression Scheme
- Writ of Mandamus
- Entitlement to ACPS
- Effective Date
Case Details
2010 LawText (BOM) (01) 315
Writ Petition No. 781/2008
Mr. D. J. Pangam for petitioner, Mr. V. Rodrigues for respondents
1. The Principal Chief Engineer, Government of Goa, Public Works Department, Altinho, Panaji, Goa. 2. The State of Goa through its Chief Secretary, Secretariat, Porvorim, Goa.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus for grant of Assured Career Progression Scheme.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents to grant Assured Career Progression Scheme as Junior Stenographer and not as Work Assistant.
Filing Reason
Petitioner, a Stenographer, claimed entitlement to ACPS as Junior Stenographer but was allegedly not granted the same.
Previous Decisions
Division Bench order in Misc. Civil Application No.516/2009 in Writ Petition No.269/2001 dated 16.11.2009 and order in Writ Petition No.269/01 dated 21/3/2005.
Issues
Whether the petitioner is entitled to the Assured Career Progression Scheme as Junior Stenographer and not as Work Assistant?
From which date is the petitioner entitled to the ACPS?
Submissions/Arguments
Petitioner's counsel brought to attention the order in Misc. Civil Application No.516/2009 and pressed for relief in terms of prayer clause (a).
Respondents' counsel referred to the same order dated 16.11.2009.
Ratio Decidendi
The petitioner is entitled to the Assured Career Progression Scheme as Junior Stenographer with effect from 26.8.2004, in view of the earlier orders of the Division Bench in Writ Petition No.269/2001 and Misc. Civil Application No.516/2009.
Judgment Excerpts
In the present writ petition, the petitioner has mainly pressed for grant of relief in terms of prayer clause (a)...
we are of the opinion that the petitioner is entitled to the Assured Career Progression Scheme with effect from 26.8.2004.
Procedural History
The petitioner filed Writ Petition No.781/2008 seeking ACPS. The court heard the matter and disposed it on 4.1.2010, relying on earlier orders in Writ Petition No.269/2001 and Misc. Civil Application No.516/2009.
Acts & Sections
- Constitution of India: Article 226
