Case Note & Summary
The petitioner, Shri Anand M. Mandrekar, a Police Constable Driver (Grade III) in the M.T. Section, Police Headquarters, Panaji-Goa, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Bombay at Goa. He sought a writ of mandamus commanding the respondents, the State of Goa and the Superintendent of Police (HQ), to award him the benefit of Time Bound Promotional Scale (TBPS) in terms of the office memorandum dated 5.7.1989, by counting his 12 years of service with effect from 4.2.1987, along with all consequential benefits. In the alternative, he sought quashing of the impugned communications dated 29.4.2004 and award of the First Financial Upgradation under the TBPS scheme. The court heard learned counsel Mr. J. Supekar for the petitioner and Mr. V. Rodrigues, Additional Government Advocate for the respondents. The court, after considering the submissions, allowed the petition. It held that the petitioner was entitled to the benefit of TBPS from 4.2.1987 with all consequential benefits. The impugned communications dated 29.4.2004 were quashed and set aside. The respondents were directed to grant the said benefits to the petitioner within a period of three months from the date of the judgment. The judgment was delivered on 7th March 2013 by a division bench comprising V. M. Kanade and U. V. Bakre, JJ.
Headnote
A) Service Law - Time Bound Promotional Scale - Entitlement - Counting of Past Service - Office Memorandum dated 5.7.1989 - The petitioner, a Police Constable Driver, sought TBPS from 4.2.1987. The court held that the petitioner was entitled to the benefit of TBPS from 4.2.1987 with all consequential benefits, as the impugned communications dated 29.4.2004 were quashed and set aside. (Paras 2-3)
Issue of Consideration
Whether the petitioner, a Police Constable Driver, is entitled to the benefit of Time Bound Promotional Scale (TBPS) from 4.2.1987 by counting his 12 years of service from that date, in terms of the office memorandum dated 5.7.1989.
Final Decision
The petition is allowed. The impugned communications dated 29.4.2004 are quashed and set aside. The respondents are directed to grant the benefit of Time Bound Promotional Scale (TBPS) to the petitioner from 4.2.1987 with all consequential benefits within a period of three months from the date of the judgment.
Law Points
- Time Bound Promotional Scale (TBPS)
- counting of past service
- office memorandum dated 5.7.1989
- Articles 226 and 227 of Constitution of India
- mandamus
Case Details
2013 LawText (BOM) (03) 95
WRIT PETITION NO. 199 OF 2005
V. M. Kanade, U. V. Bakre
Mr. J. Supekar for the Petitioner; Mr. V. Rodrigues, Additional Government Advocate for respondents
State of Goa, through its Chief Secretary; The Superintendent of Police (HQ), Government of Goa
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking mandamus for grant of Time Bound Promotional Scale.
Remedy Sought
Petitioner sought a writ of mandamus commanding respondents to award TBPS from 4.2.1987 with consequential benefits, or alternatively to quash communications dated 29.4.2004 and award First Financial Upgradation.
Filing Reason
Petitioner claimed entitlement to TBPS under office memorandum dated 5.7.1989 by counting 12 years of service from 4.2.1987, which was denied by respondents via communications dated 29.4.2004.
Issues
Whether the petitioner is entitled to Time Bound Promotional Scale from 4.2.1987 by counting 12 years of service from that date under office memorandum dated 5.7.1989.
Submissions/Arguments
Petitioner argued that he completed 12 years of service from 4.2.1987 and was entitled to TBPS as per office memorandum dated 5.7.1989.
Respondents opposed the petition, but the court found in favor of the petitioner.
Ratio Decidendi
The petitioner, having completed 12 years of service from 4.2.1987, is entitled to the benefit of Time Bound Promotional Scale under the office memorandum dated 5.7.1989, and the impugned communications denying such benefit are liable to be quashed.
Judgment Excerpts
By this petition which is filed under Articles 226 and 227 of the Constitution of India, the petitioner is seeking following reliefs:- (A) ... to award the petitioner benefit of Time Bound Promotional Scale(TBPS) in terms of office memorandum dated 5.7.1989 by counting petitioner's 12 years with effect from 4.2.1987 along with all consequential benefits; (B) In the alternate, ... to withdraw the impugned communications dated 29.4.2004 and to award to the petitioner the benefit of First Financial upgradation under the ...
The petition is allowed. The impugned communications dated 29.4.2004 are quashed and set aside. The respondents are directed to grant the benefit of Time Bound Promotional Scale (TBPS) to the petitioner from 4.2.1987 with all consequential benefits within a period of three months from the date of the judgment.
Procedural History
The petitioner filed Writ Petition No. 199 of 2005 before the High Court of Bombay at Goa under Articles 226 and 227 of the Constitution of India. The petition was heard on 7th March 2013 and allowed by a division bench.
Acts & Sections
- Constitution of India: Articles 226, 227
