WP-553-2023 Niti IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.553 OF 2023 1. Shri Moroba Sagun Gaonkar, Son of Sagun Gaonkar, aged 38 years, Occupation Service, Residing at House No.44, Dhamse, Guleli, Taluka Satari, Goa, 403506. 2. Shri Arjun Laxman Melekar, Son of Laxman Melekar, aged 39 years, House.No.29, Paikul, Guleli, Taluka Satari, Goa, 403506. 3. Shri. Vinod Rama Gaonkar, Son of Rama Gaonkar, Aged 43 year, Occupation Service, Residing at Kumbharkhan, Pissurlem, Sattar, Goa 403530 4. Shri. Dulo Surya Gaonkar, Son of Surya Gaonkar, Aged 40 years, Occupation Service, Residing at House No. 75/1, Sattari, Mauxi, Valpoi, Goa 403506 5. Supriya Kamlakant Naik Wife of Kamlakant Naik Aged 41 years, Occupation service Residing at Par Ghodegal, Usgao, Goa, 403400 6. Shri Govind Anant Melekar, 26th March 2025 2025:BHC-GOA:646-DB WP-553-2023 Son of Anant G. Melekar, Aged 41 years, occupation Service, Residing at House No.86, Shel -Melauli, Satari, Goa, 403506. 7. Shri Parsu Kondu Yemkar, Son of Kondu Yemkar, Aged 33 years, occupation Service, Residing at House No. 10, Malpona, Cotorem, Valpoi, Satari, 403506 8. Ramrai Mahadev Naik, son of Mahadev Naik, age 46 years, residing at H. No. 8, Ward No. 8, Valpoi Sattari Goa, 9. Nilesh Sada Ainkar, Son of Sada Ainkar, aged 37 years, Residing at H. No. 35, Ambelim, Village Panchayat Khotodem, Valpoi Sattari, Goa 10. Rajendra Kuttikar, Son of Anand Kuttikar, Aged 45 years, residing at H. No. 746, Dhaushira, Tisk Usgao, Ponda Goa 11. Basauraj Y. Adimani, Son of Yamanappa Adimani, Aged 40 years, residing at Govt. Quarter No.6, Dhat, Sangod, Mollem, Sanguem Goa. …. Petitioners Versus 1. State of Goa, Through its Chief Secretary, 26th March 2025 WP-553-2023 Having its Office at Secretariat, Porvorim-Goa. 2. Director, Directorate of Health Services, Government of Goa, Campal, Panaji-Goa. …. Respondents Mr S.N. Joshi with Ms S. Joshi, Advocates for the Petitioners. Mr Manish Salkar, Government Advocate for the Respondents. CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ. DATE :- 26th March, 2025 JUDGMENT : (Per Nivedita P. Mehta, J.) 1. he present petition is iled by the petitioners under Article 226 of the Constitution of India praying for grant of pay scale of Rs.5200- 20200 with Grade Pay of Rs.1800/- from the date of their joining in compliance with the circular dated 15.04.2009 along with all consequential beneits including yearly increments and beneits of 7th Pay Commission Recommendations along with payment of arrears. Factual Matrix:- 2. he petitioners herein were appointed as Patient Attendants in the pay scale of Rs.4440-7440 with grade pay of Rs.1300/- vide appointment orders issued from April 2010 to July 2012. he grievance of the petitioners is that they were not granted Pay Band-I with the pay scale of Rs.5200-20200 with Grade Pay of Rs.1800/- from the date of their appointment. 26th March 2025 WP-553-2023 Submissions:- 3. he learned counsel for the petitioners, Mr. S.N. Joshi advanced the following arguments in support of his position: 3.1. he circular dated 15.04.2009 issued by the Department of Finance (Revenue and Control), Government of Goa, while implementing the 6th Pay Commission confers on them the beneits of Pay Band-I as Group ‘D’ employees from the date of their appointment or at least from the date when they complete their training as speciied therein. 3.2 Vide Oice Memorandum dated 21.11.2016, the employees recruited after 01.01.2006 and who were not covered by the circular dated 15.04.2009, had to undergo training within the period of three months. his circular clearly stipulates that after the training the Group ‘D’ staf will be placed in Pay Band-I in the Grade Pay of Rs.1800/-. 3.3 Inspite of the training in view of the circular dated 15.4.2009, the petitioners were not granted pay band with a pay scale of Rs.5200-20200 with grade pay of Rs.1800/- from the date of their appointment. 3.4 he petitioners are also entitled to annual increments of 3% in the revised pay scale. 3.5 his act of the respondents considering the grant of pay scale of Rs.5200-20200 with grade pay of Rs.1800/- to 26th March 2025 WP-553-2023 Group ‘D’ employees from the year 01.01.2016 amounts to hostile discrimination and is in violation of Articles 14, 39(D) and 21 of the Constitution of India. 3.6 he Government of Goa cannot brush away the right accrued in favour of the petitioners by circular dated 15.04.2009. 3.7 he petitioners are entitled for revision of the pay scale from the date of joining service along with all consequential beneits. 4. Per contra, Mr. Manish Salkar, learned Government Advocate, appearing on behalf of the respondents vehemently opposed the said petition and advanced the following arguments: 4.1 he petition is hopelessly barred by limitation and sufers from delay and laches. 4.2 After the implementation of the 7th Pay Commission, the Government vide its order dated 30.11.2016 constituted an "Anomaly Committee" headed by Ex-Director of Accounts and all the parties/Government servants aggrieved in any manner with the implementation of the 7th Pay Commission were requested to ile their petitions/grievances before the Anomaly Committee and the said committee was initially constituted for a period of two years and thereafter from time to time the tenure of the said committee was extended. However, the petitioners did not raise any grievance before the said Anomaly 26th March 2025 WP-553-2023 Committee. 4.3 Vide circular dated 15.04.2009, the minimum qualiication for Group ‘D’ staf was revised to matriculation/ITI. 4.4 Another Oice Memorandum dated 30.04.2010 was issued by the Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training mentioning model Recruitment Rules for the posts which were in Group ‘D’ scale prior to Sixth Pay Commission and which have been placed in Group ‘C’ and requested all the departments to amend the Recruitment Rules accordingly. According to her erstwhile Group ‘D' posts were then upgraded to Group ‘C’ posts and merged in pay band–I with grade pay of Rs.1800/- and re-designated as "Multi Task Staf". 4.5 he Oice Memorandum dated 21.11.2016 was issued in furtherance of the policy decision of the Government of India for taking necessary steps in order to mitigate the hardships faced by the employees as many of the recruitments were made in Group ‘D’ posts in several departments under the erstwhile Recruitment Rules wherein many non-matriculation/non-ITI candidates were selected and appointed to various posts. 4.6 he petitioners are not entitled to any beneits under the circular dated 15.04.2009 as beneits contemplated therein are available only to the employees who were in 26th March 2025 WP-553-2023 service as on the date of issuance of the circular dated 15.04.2009. 4.7 he circular dated 21.11.2016 which provided for the extension of beneits to Sixth Pay Recommendations for grant of grade pay to Group ‘D’ employees, classiied the said employees into two broad categories. One category comprises Group ‘D’ employees who had the minimum educational qualiication of SSC/matriculation or ITI passed and the second category was those who did not possess this minimum qualiication. According to her, the petitioners when appointed did not possess the requisite qualiication of SSC matriculation/ITI. 4.8 he petitioners were given training in the year 2010 and, as such, even the applicability of this Oice Memorandum dated 21.11.2016 can at the most be from the year 2010 i.e. after the training was imparted to the petitioners and therefore, there is no merit in the submission of the petitioners that they are entitled to the pay scale of Rs.5200-20200 with grade pay of Rs.1800/-from the date of their appointment. Findings and analysis:- 5. At this juncture, it is relevant to notice a circular dated 15.04.2009 issued by the Department of Finance (Revenue and Control), Government of Goa, wherein the subject was regarding implementation of the Sixth Central Pay Commission-Decision 26th March 2025 WP-553-2023 relating to the beneits of Pay Band-I to Group ‘D’ Employees. Admittedly, the petitioners were recruited after the issuance of the said circular. he beneits contemplated therein were made available only to the employees who were already in service as on the date of the issuance of the circular. he circular reads thus:- CIRCULAR “Sub:-Implementation of the Sixth Central Pay Commission-Decision relating to the beneits of Pay Band-I to group-D’ employees. Government of Goa has accepted the recommendation of the Sixth Central Pay Commission vide Order No.8/7/2008-Fin(R&C) dated 10/10/2008. As per the Notiication dated 29/08/2008 from Ministry of Finance (Department of Expenditure), Government of India; the pay of Group-D employees, in the revised pay structure will be ixed initially in the -1S pay band as per Clause (A), with the appropriate grade pay and arrears paid accordingly. hereafter, pay of such of those Group- D employees who already possess the revised minimum qualiications recommended by the Commission prescribed for entry into PB-1 would be ixed with efect from 01.01.2006 in PB-1 with grade pay of Rs.1800. Such of those existing Group-D employees who do not possess the revised minimum qualiication for entry into PB-1 would be retrained by the concerned Department preferably within a period of 6 months so that payment of arrears on account of upgradation are not delayed. As per the report of Sixth Pay Commission the training package would 26th March 2025 WP-553-2023 need to be evolved separately for each of the individual Ministry/Department/Organization keeping in view their speciic needs. After retraining, these Group-D staf will also be placed in the Pay Band PB-1 with the grade pay of Rs.1800 with efect from 1.1.2006 and arrears drawn accordingly. Once placed in the PB-I Pay Band, this category of Group-D staf will regain their seniority vis-a-vis the other category of Group-D staf that already possessed the minimum qualiications and were, therefore, placed in the PB-1 Pay Band as on 01.01.2006. Inter-se Seniority of all the employees in erstwhile Group-D will be fully maintained with Group-D employee in a higher pre-revised pay scale being placed higher vis-a-vis an employee in a lower pay scale. Within the same pre-revised pay scale, seniority which existed prior to revision would continue. All Heads of Departments are therefore required to evolve suitable training package keeping in view their speciic needs and retain their Group- ‘D’ employees who do not possess the revised minimum qualiication recommended by the Sixth Pay Commission, as early as possible, so that payment of arrears on account of upgradation are not delayed.” 6. In view of the circular dated 15.04.2009, training was imparted to the petitioners by respondent no.2 to enable them to get a Pay Scale of Rs.5200-20200 with grade pay of Rs.1800/-. Accordingly, a certiicate of training was issued in favour of the petitioners. 7. Subsequently, the Personnel Department, Government of Goa issued an Oice Memorandum dated 21.11.2016 which reads thus:- 26th March 2025 WP-553-2023 “Departments of Personnel No.1/2/2012-PER Dated:-21.11.2016 OFFICE MEMORANDUM Sub: Extension of the beneits of the Sixth Central Pay Commission recommendation of grantion Pay Band-I, Rs. 5,200-20,200 with Grade Pay of Rs.1,800/- to Group ‘D’ employees. he Government of Goa had extended the beneits of the Sixth Central Pay Commission recommendations of granting Pay Band-I, Rs. 5,200-20,200 with Grade Pay of Rs. 1,800 to Group ‘D’ employees vide Circular No.8/21/2008- Fin(R&C) Part-I dated 15-04-2009. Vide Oice Memorandum No. AB- 14017/6/2009-Estt(RR) dated 30-04-2010 of the Government of India, Ministry of Personnel, Public Grievances & Pensions, Dept. Of Personnel & Training, has recommended that all Group ‘D’ Posts in the Government will stand upgraded to Group ‘C’, in Pay Band-I, with Grade Pay of Rs.1,800/-. Accordingly, the Department of Personnel, Government of Goa, framed Recruitment Rules vide Notiication No. 1/2/2012-PER dated 13-03- 2015 published in the Oicial Gazette SERIES I No. 52 dated 26-03-2015, whereby all such Group ‘D’ category Staf, have been designated as ‘Multi Tasking Staf’ with essential qualiication of SSCE (Xth) Standard)/ITI pass. It is observed that, pursuant to the Circular dated 15-04-2009, issued by Finance (R&C) Department, most of the Departments have continued with the recruitment of various Group ‘D’ staf, under the old Recruitment Rules, as existing, wherein many 26th March 2025 WP-553-2023 non-matriculate/non-ITI candidates were selected and appointed. Further, it has been observed that most of the Departments are now facing problem in re- designating the existing Group ‘D’ employees, more particularly due to the fact that many from existing Group ‘D’ employees are not fulilling the requirement of educational qualiications. In view of the above, and in order to mitigate the hardship faced by these set of employees, as well as the Departments concerned, Government has decided that; (i) All employees recruited after 01/01/2006, under various posts in Group ‘D' category and who possesses the minimum educational qualiication of SSCE (Xth) pass/ITI pass, shall be placed in Pay Band-I, Rs. 5,200-20,200 + Rs. 1,800/- (Grade Pay). (ii) All those Group ‘D’ employees who do not posses the revised minimum educational qualiication of (SSCE (Xth) pass/ITI pass, recruited after 01/01/2006 and who were not covered under the Finance (R&C) Departments circular dated 15/4/2009, shall undergo a training preferably within a period of 03 months. he training package would need to be evolved separately for each of the individual Departmental Organisation keeping in view their speciic needs. After retraining, these Group ‘D’ staf will also be placed in the placed in the Pay Band-I,with Grade Pay of Rs. 1,800/-. (iii) All the Group ‘D’ employees shall be classiied as Group ‘C’ and designated as ‘Multi Tasking Staf’ with the actual duties as enumerated in Annexure appended. For other categories of posts, 26th March 2025 WP-553-2023 Departments may adopt single designation for such position whose duties are similar in nature and where the oicials can easily be switched over from one task to another; other than those which are enumerated for the Multi Tasking Staf as listed in Annexure appended; and refer the same to the Department of Personnel for amendment to the Recruitment Rules and for clubbing up of the posts in question. (iv) All Recruitment Rules relating to various posts in Group ‘D’ categories shall be rescinded and henceforth, only one singular Recruitment Rule for Multi Tasking Staf shall be in force as published vide Notiication No.1/2/2012-PER dated 13-03- 2015 in Oicial Gazette Series I no. 52 dated 26- 03-2015. (v) he ixation of pay shall be notionally done as on date of appointment or as on date of completion of training, as the case may be and actual beneits shall be gives from 01-01-2016 or on the date of completion training, as the cases may be. (vi) Recruitment to all type of Multi Tasking Staf (earlier Group ‘D’ position) in all Departments of the Government shall be stopped forthwith. So also, all Recruitment process initiated individually shall be stopped forthwith. hese instructions shall also apply to staf drawing funds from the state treasury under charged establishment etc. (vii) All types of recruitments to the various posts other than ‘Multi Tasking Staf’, as speciied in item (ii) above, shall be outsourced through the Goa Human Resource Development Corporation or such other agency as decided by the Government. (viii) In case of other categories of employees in Group ‘C’ having minimum qualiication as non- 26th March 2025 WP-553-2023 matriculate, the notiied Recruitment Rules shall stand rescinded. he Department of Personnel shall notify the Recruitment Rules for said Group ‘C’ categories with minimum qualiication as SSCE (Xth)/ITI pass. Individual Departments having such Group ‘C’ posts with such Recruitment Rules, prescribing non-matriculate educational qualiication should inform the Department of Personnel for making changes to the Recruitment Rules concerned immediately. It is therefore enjoined upon all the Heads of Departments /Oices/ Corporations/ Autonomous Bodies above decision of the Government for strict compliance. his has the concurrence of Finance (R&C) Department vide their U.O. No. 1456879 date 22- 08-2016 and the Council of Ministers vide decision taken in the XXXXIst Cabinet Meeting held on 28- 10-2016. he receipt of this communication shall be acknowledged.” 8. he Oice Memorandum dated 21.11.2016 of the Finance Department considered the extension of beneits of Sixth Pay Commission Recommendations to Group ‘D’ employees. he aforesaid circular was issued as most of the departments were facing problems in re-designating the existing Group ‘D’ employees, more particularly due to the fact that many of the existing Group ‘D’ employees are not fulilling the requirement of educational qualiication. 9. In pursuance of the circular dated 15.04.2009 issued by the 26th March 2025 WP-553-2023 Finance (Revenue and Control) Department; most of the departments continued with the recruitment of various Group ‘D’ staf under the old Recruitment Rules as existing wherein many non matriculation/non-ITI candidates were selected and appointed. 10. Again another circular dated 04.04.2017 was issued by the Department of Finance (Revenue & Control), Government of Goa giving clariication to the Oice Memorandum dated 21.11.2016 as the Directorate of Accounts encountered doubts during the process of scrutiny/approval of the pay ixation statement in respect of Group ‘D’ employees as contemplated in the circular dated 04.04.2017 which is reproduced below:- “CIRCULAR he Personnel Department vide above O.M. dated 21-11-2016 (read at (L) above) has issued guidelines regarding extension of the beneits of the Sixth Central Pay Commission recommendation of granting pay Band-1, Rs.5,200-20200 + GP Rs. 1800 to Group 'D' employees. Subsequently, Government vide Order date 30-11-2016 (read at (2) above) has implemented VII Central Pay Commission recommendation as adopted by Government of India, to the employees of the State Government and GIA Education Institutions. he Directorate of Accounts has encountered with certain points of doubts during the process of scrutiny/approval of pay ixation statements in 26th March 2025 WP-553-2023 respect of Group 'D' employees and has requested the Finance Department for intervention/ examination and clariication with reference to the above referred orders. Finance (R&C) Department has examined the matter in detail in consultation with Department of Personnel and in order to resolve the issue pertaining to pay and allowance in respect of Group 'D' employees the following clariications are given: Clariications as per O.M. 1/2/2012-PER dated 21-11-2016. (a) hose Group 'D' employees who have been recruited on or after 01-01-2006 and who possess SSCE (X) or ITI, shall be placed in PB-1, Rs. 5200-20200 + GP Rs. 1800. Illustration: Mr. ABC was appointed as a Peon, in XYZ Department in the pay scale 1S- Rs. 4,440+7,440 +GP Rs.1,300 on 01-01-2011. At the time of appointment, he was possessing Std. X pass qualiication. However, since his appointment was done as per the RR's prevailing, his pay was ixed at Rs. 4440-7440 + GP Rs.1300. In such case, his pay as on 01-01-2011, will be ixed at Rs.5,200 with GP Rs.1,800, in the PB-1, Rs. 5200-20200 + GP Rs.1800 [as per clause (v) of the O.M. dated 21-11-2016]. he ixation of pay shall be notionally done w. e. f. 01-01-2011 up to 31-12-2015, and he will be able to draw monetary beneit w.e.f. on or after 01-01-2016. (b) here may be cases, where Group 'D' employees have acquired Std. X or ITI 26th March 2025 WP-553-2023 qualiication after their appointment in the service. e.g. A Peon or a Lab. Attendant has acquired Std. X (SSCE) through National Institute of Open Schooling. han in such applying the same principle as in clause (a) above, the employee shall be placed in PB I, Rs.52,00-20,200 + GP Rs.1800 and his pay shall be notionally ixed w. e. f. the date of acquiring this qualiication. For the purpose of determining the date of acquiring this qualiication, the date of issue of mark sheet or passing certiicate shall be considered. (c) here are many cases in certain Departments, who have been granted the pay scale of PB 1, Rs. 5200-20200 + GP Rs.1800, even when the employee did not possess the required qualiication of SSCE pass or ITI pass. he pay scale granted is not according to the RR's in force which were not amended neither was the relevant pay scale in pay Band 1-S replaced. In such cases, the employees pay shall be ixed in relevant Pay Band 1S, notionally w. e. f. from late of appointment and he shall than be placed in PB I, Rs.5200-20200 + GP Rs.1800 w. e. f. 01.01.2016. In terms of the clause (ii) of O.M. dated 21-11-2016 these employees will have to undergo training. (d) (i) As per clause (ii) of O.M. dated 21-11- 2016, all Group ‘D' employees who do not possess requisite qualiication of Std & pass or ITT pass those who were not trained in terms of Fin. (R&C) Dept. Circular dated 15-04-2009, have to undergo training. Upon completion of this training their pay shall be ixed in terms of clause (V) of the O.M. dated 21-11-2016, in those cases whose appointment was made upto 26th March 2025 WP-553-2023 31-12-2015. (ii) In cases of those who have been appointed on or after 01-01-2016 and who do not possess the requisite qualiication as on the date of their appointment, shall have to undergo training and their pay shall be ixed in PB-1, Rs.5200-20200 + GP RS.1300 on the date of their appointment, only after successful completion of their training as certiied by the Appointing Authority. Till such time, they will continue to draw their pay in the pre-revised VI Pay Scale.” 11. No doubt the petitioners were appointed after the issuance of the circular dated 15.04.2009. To enable the petitioners to be entitled to the beneit as granted under circular dated 15.04.2009, certiicates of training were issued in favour of the petitioners. A reading of the Oice Memorandum dated 21.11.2016, specially clause (iv) makes it clear that all Recruitment Rules relating to various posts in Group ‘D’ categories shall be rescinded and henceforth only one singular Recruitment Rule for Multi Tasking Staf shall be in force as published vide Notiication No.1/2/2012-PER dated 13.03.2015 in Oicial Gazette Series I no.52 dated 26.03.2015. Further, the ixation of pay shall be notionally done as on the date of appointment or as on the date of completion of training as the case may be and actual beneits shall be given from 01.01.2016. 12. he Oice Memorandum dated 21.11.2016, in our opinion, makes it clear that even in respect of those employees appointed after 15.04.2009, they were permitted to undergo training and it is on the date of the completion of training or on the date of their appointment 26th March 2025 WP-553-2023 if they had requisite qualiications the ixation of pay has to be notionally done and actual beneits should be given from 01.01.2016 or on the date of completion of training as the case may be in terms of clause (v) of the circular. hus, the Oice Memorandum dated 21.11.2016 extended the beneits of circular dated 15.04.2009 with slight modiications. 13. As per the Oice Memorandum dated 12.03.2010 the petitioners were allowed to complete the training which they completed by 06.04.2010 and in any case before 26.03.2015 on which date the Recruitment Rules relating to various posts in Group ‘D’ categories were rescinded. 14. he Government of Goa Department of Finance (Revenue and Control) issued circular dated 04.04.2017 clarifying the Oice Memorandum dated 21.11.2016 wherein clariication mentioned in clause (d)(i) contemplated that Group ‘D’ employees who did not possess requisite qualiication of matriculation/ITI passed and those who were not trained in terms of the circular dated 15.04.2009 have to undergo training and upon completion of this training their pay shall be ixed in terms of clause (v) of the Oice Memorandum dated 21.11.2016 in those cases whose appointments were made upto 31.12.2015. Conclusion:- 15. he petitioners were imparted training by the respondents in the year 2010 which they successfully completed. he guidelines laid 26th March 2025 WP-553-2023 down in the circular dated 15.04.2009 were applied to the petitioners. he respondents were conscious that the petitioners were appointed though they did not possess the necessary qualiications and it is with a view to allow them to acquire such qualiications that the petitioners were allowed to undergo training by extending the beneits of circular dated 15.04.2009. Having consciously taken such a stand and issued an Oice Memorandum dated 21.11.2016, the respondents cannot then unilaterally take away the beneits accrued in favour of the petitioners. In our opinion, the petitioners are entitled to be placed in the Pay Band-I of pay scale of Rs.5200–20200 with Grade Pay of Rs.1800/- from the date they completed their training in 2010. he respondents shall then have to upgrade the pay scale admissible to the petitioners as per the recommendations of the 7th Pay Commission with efect from 01.01.2016. However, the pay ixation in the Pay Band-I from the date of completion of training shall be done notionally till 31.12.2015. he petitioners are entitled to arrears of upgraded equivalent pay ixation in terms of the recommendations of 7th Pay Commission with efect from 01.01.2016. his exercise of revision of the pay scale and payment of arrears to the petitioners shall be done within a period of six months from the date of uploading of this order. 16. It is one of the contentions of the respondents that there is delay on the part of the petitioners in challenging the decision regarding pay ixation. It is for this reason that we are not inclined to grant arrears to the petitioners upto 31.12.2015 but grant them the relief of notional 26th March 2025 WP-553-2023 pay ixation. However in our opinion the petitioners should not be deprived of the diference of arrears in the upgraded equivalent pay scale in terms of the 7th Pay Commission recommendations with efect from 01.01.2016. We are not inclined to accept the contention of the learned counsel for the petitioners that they should be given pay scale in Pay Band-I from the date of their appointment. 17. A substantially similar issue was put to rest by this Court in Writ Petition Nos. 551 and 552 of 2023, to which one of us (Nivedita P. Mehta, J.) is a party. In light of the position laid down therein and in view of the aforesaid discussion, the Writ Petition is partly allowed. 18. Rule is made absolute in the above terms. No order as to cost. NIVEDITA P. MEHTA, J. BHARATI DANGRE, J. 26th March 2025 Signed by: NITI KISHOR HALDANKAR Designation: Private Secretary Date: 03/04/2025 18:35:37