Case Note & Summary
The petitioner, Shri Dipak Bhajekar, a Chief Electrical Engineer in the Electricity Department, Government of Goa, filed a writ petition seeking a mandamus directing the State of Goa (respondent no.1) to pay his salary and statutory allowances as per the option exercised under the Office Memorandum dated 17.06.2010, which he would have drawn in the Power Grid Corporation of India Ltd. (respondent no.2) organization. The petitioner also sought a direction to relieve him for one day to accept proforma promotion. The court heard the learned Senior Advocate for the petitioner and the learned Advocate General for respondent no.1. The court issued rule and heard the matter forthwith with consent. The court allowed the petition in terms of prayer (a), directing respondent no.1 to pay the salary and allowances as per the option exercised under the Office Memorandum dated 17.06.2010 from 14.09.2015 till final disposal of the petition. The court also directed that the petition be disposed of in terms of prayer (a) and that the rule be made absolute accordingly.
Headnote
A) Service Law - Deputation - Salary Protection - Office Memorandum dated 17.06.2010 - The petitioner, a government employee on deputation, sought payment of salary as per the option exercised under the Office Memorandum dated 17.06.2010. The court held that the petitioner is entitled to salary and allowances as per the option exercised, and directed the respondent no.1 to pay the same from 14.09.2015 till final disposal of the petition. (Paras 2-4)
Issue of Consideration
Whether the petitioner is entitled to salary and allowances as per the option exercised under the Office Memorandum dated 17.06.2010 during his deputation to the Power Grid Corporation of India Ltd.
Final Decision
The petition is allowed in terms of prayer (a). Respondent no.1 is directed to pay the salary and allowances as per the option exercised under the Office Memorandum dated 17.06.2010 from 14.09.2015 till final disposal of the petition. Rule is made absolute accordingly.
Law Points
- Deputation
- Salary protection
- Option exercised
- Office Memorandum
- Mandamus
