PANJIM: The High Court of Bombay at Goa had directed the State government to pay Joaquina Gomes e Colaco compensation of Rs five lakh within two months from the date of the order, for exploitative treatment meted out to her.
From 1998, Joaquina Colaco of Davorlim was engaged in the office of the Commissioner of Commercial Taxes, to do the work of cleaning and sweeping the office premises and the cleaning of the toilets. But she had no formal appointment or engagement order. She was initially paid Rs 600 per month, which was revised from time to time and she was paid from the Contingent Fund of through office expenses against the receipts/vouchers.
In 2018, she made a representation to the government for regularisation of her services but it was rejected on grounds that her engagement for over 26 years was not contractual or was she a Non Muster Rill (NMR) worker . Joaquina then approached High Court seeking directions to the government.
The High Court observed that considering the genesis of her appointment, no relief of regularisation in service be granted and directed the government to pay a compensation of Rs five lakh to her, for violation of her fundamental rights and the exploitative treatment meted out to her perhaps by taking advantage of her weak and helpless position.
Stating that the petitioner belongs to Scheduled Tribe (ST) community, the Court said that the State government should have displayed some enhanced level of sensitivity before extracting work of cleaning and sweeping of premises or cleaning of toilets from the her r against paltry payments made over almost 26 years.
The Court said that if the amount is not paid within two months then the respondents will be liable to pay interest on the amount at seven per cent per annum.
