That order came to be challenged in the High Court which has held that by operation of Section 5 of the Goa, Daman Diu Administration Act, the respondents came to be companytinued on the posts created prior to December 20, 1961 and, therefore, they were entitled to the payscales prescribed for those posts.
Their representation to the Government for fixation of pay scales prescribed for the posts created by the Portuguese Administration, was companysidered and an order came to be passed on September 20, 1989 under which they are made entitled to the payscales initially prescribed to the posts under Portuguese decree.
The admitted position is that Goa, Daman and Diu which hitherto under the hold of Portuguese, was liberated on December 20, 1961 and integrated as part of Indian territory.
The Commissioner Finance of Goa, Daman Diu Administration had issued a circular on September 15, 1962 prescribing pay scales to various posts.
But, subsequently, the Government, having realised the mistake had cancelled the same by proceedings dated December 27, 1990.
7567 7590 OF 1996 Arising out of SLP C Nos.10042 43, 10045, 14318, 14320, 14322 23, 16953, 17079, 17355 57, 17359, 17361, 17365, 17374 76, 17378 82 snd 8574 of 1995.
The said order of the High Court was made in Writ Petition No.77 of 1991, dated August 30, 1993 and followed in other cases which are the subject matter of these appeals.
The posts in the Judicial Department were created by a Portuguese decree.
All the respondents came to be appointed on or after December 20, 1961, sometime in the year 1963.
For the posts in the Judicial Department held by the respondents, the pay scale was Rs.335 525/ .
O R D E R Delay companydoned.
WITH CIVIL APPEAL NOS.
Leave granted.
We have heard learned companynsel on both sides .
