High Court of Bombay at Goa Directs Referral of Employee Grievance to Ombudsman for Redressal. Court Disposes of Writ Petition Without Adjudicating Merits, Directing Ombudsman Under Goa Government Employees (Redressal of Grievances Forum) to Decide Grievance Within Four Weeks.

High Court: Bombay High Court Bench: GOA
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Case Note & Summary

The petitioner, Smt. Sushma D. Pinge, deployed as surplus Clinical Instructor at the Institute of Nursing Education, Bambolim, Goa, filed a writ petition before the High Court of Bombay at Goa. The respondents included the State of Goa, the Director of Health Services, the Joint Secretary (Health), and two Sister Tutors. The exact nature of the grievance dated 01.11.2010 was not detailed in the judgment. The court, after hearing counsel by consent, did not examine the merits of the grievance. Instead, it directed that the grievance be referred to the Ombudsman constituted under the Goa Government Employees (Redressal of Grievances Forum). The court further ordered that the Ombudsman decide the matter within four weeks from the date the parties appear in pursuance of a notice. No substantive legal issues were framed or argued; the petition was disposed of in a summary manner without any findings on the petitioner's claims. The judgment rested solely on the mechanism of the grievance redressal forum as the appropriate avenue for the petitioner.

Headnote

A) Service Law - Employee Grievance Redressal - Referral to Ombudsman - Goa Government Employees (Redressal of Grievances Forum) - The petitioner, an employee, filed a grievance dated 01.11.2010 - The High Court did not adjudicate the merits and instead directed the grievance to be referred to the Ombudsman constituted under the Goa Government Employees (Redressal of Grievances Forum) - Held that the Ombudsman shall decide the matter within four weeks from the date when the parties appear before him in pursuance of a notice (Paras 2-3).

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Issue of Consideration

Whether the petitioner's grievance should be referred to the Ombudsman constituted under the Goa Government Employees (Redressal of Grievances Forum) and decided within a timeframe?

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Final Decision

The writ petition is disposed of. The Petitioner's grievance dated 01.11.2010 is directed to be referred to the Ombudsman constituted under Goa Government Employees (Redressal of Grievances Forum). The Ombudsman may decide the matter within a period of four weeks from the date when the parties appear before him in pursuance of a notice.

Law Points

  • Referral of employee grievance to Ombudsman
  • time-bound disposal by Ombudsman
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Case Details

2011 LawText (BOM) (08) 108

WRIT PETITION NO. 457 OF 2011

2011-08-02

S. A. Bobde, F. M. Reis

2011:BHC-GOA:1744-DB

Mr. M. S. Sonak, Mr. P. Talaulikar

Smt. Sushma D. Pinge

The State of Goa through its Chief Secretary, The Director Directorate of Health Services, The Joint Secretary (Health) Public Health Department, Smt. Anuja S. Shirgaonkar, Smt. Manda Nigalie

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Nature of Litigation

Writ petition seeking redressal of employee grievance

Remedy Sought

Referral of grievance dated 01.11.2010 to Ombudsman for adjudication

Filing Reason

Petitioner had a grievance dated 01.11.2010; details not provided in judgment

Issues

Whether the petitioner's grievance should be referred to the Ombudsman constituted under the Goa Government Employees (Redressal of Grievances Forum) and decided within a timeframe?

Judgment Excerpts

The Petitioner's grievance dated 01.11.2010 is directed to be referred to the Ombudsman constituted under Goa Government Employees (Redressal of Grievances Forum). The Ombudsman may decide the matter within a period of four weeks from the date when the parties appear before him in pursuance of a notice.

Procedural History

Petitioner filed Writ Petition No. 457 of 2011. The Court issued rule, returnable forthwith, and after hearing counsel by consent, disposed of the petition by directing referral to Ombudsman.

Acts & Sections

  • Goa Government Employees (Redressal of Grievances Forum):
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