2025:BHC-GOA:1591-DB

2025:BHC-GOA:1591-DB Latestlaws.com
vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 396 OF 2024

1. The North Goa (Non-Gazetted)

Judicial Court Employees Association,
A Society duly registered under
the Societies Registration Act, 1860,
Through its President,
Mrs. Santana Menezes Fernandes,
Wife of Mr. Cruz Vozi Fernandes,
About 56 years in age,
Indian National,
Resident of Panaji, Goa, 403002.

2. Mrs. Santana Menezes Fernandes,

Wife of Mr. Cruz Vozi Fernandes,
About 56 years in age, Indian
National, Resident of Panaji,
Goa, 403002. ... Petitioners

Versus

1. State of Goa, through

the Chief Secretary,
Having office at Secretariat,
Porvorim, Goa.

2. Secretary of Law,
Having office at Secretariat,
Porvorim, Goa.

3. General Administration
Department, Through its
Secretary, Having office at
Secretariat, Porvorim, Goa.

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4. Goa State Infrastructure
Development Corporation Ltd.
Having office at 7th Floor,
EDC House, Dr. A. B.
Road, Panaji, Goa. …. Respondents.

Mr Jatin Ramaiya and Mr Omkar Thakur, Mr Omkar Parab,

Advocates for the petitioners.

Mr Devidas Pangam, Advocate General with Ms Maria Corriea,

Addl. Govt. Advocate for respondent nos.1 to 4.

CORAM:- BHARATI DANGRE &

NIVEDITA P. MEHTA, JJ.
Date :- 11th August 2025

JUDGMENT (PER BHARATI DANGRE, J).

1. Rule.

Rule is made returnable forthwith with the consent of

the learned counsel for the parties.

The learned Addl. Govt. Advocate waives notice on behalf

of respondents.

2. The Writ Petition filed by the North Goa (Non Gazetted)

Judicial Court Employees Association, a Society/Association

of the employees of the Establishment of the District and

Sessions Court, North Goa and Subordinate Courts, has

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invoked the writ jurisdiction under Article 226 of the

Constitution of India, praying for issuance of writ of

mandamus, or any other appropriate writ or direction against

the respondents to provide air conditioning facilities to the

employees working at the new District and Sessions Court and

Subordinate Courts Building at Merces, Tiswadi and

particularly the area/offices of the employees of the judicial

establishment in a time bound manner.

The respondents to the petition are the Chief Secretary of

the State of Goa, the Secretary of Law, the Secretary of General

Administration Department of State of Goa and Goa State

Infrastructure Development Corporation Limited (GSIDC).

3. Heard the learned counsel Mr Jatin Ramaiya for the

petitioners and the learned Advocate General Mr Devidas

Pangam, along with learned Addl. Govt. Advocate Ms Maria

Correia, for respondent nos.1 to 4.

The petitioner no.1 is an Association of Judicial Court

Employees, with various ranks of employees being its

members including the Chief Administrative Officer, Court

Manager, Superintendent/Protocol Officer, Clerk,

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Stenographer, Nazir, Accountant, Bailiff, Havildar, Peon,

Liftman, Watchman etc.

The Petitioner no.1 Association plead that it has over 452

members and it is approaching the Court being concerned

with the lack of basic infrastructure in the new District and

Sessions Court and Subordinate Courts building at Merces.

Petitioner no. 1 is a duly registered Society/Association

whereas petitioner no. 2 is the President of petitioner no.1 and

working in the capacity of Superintendent at the new building

of the District and Sessions Court.

4. Petitioner no.1, is stated to be formed to promote and

protect the welfare of its members and its Memorandum of

Association, specifically highlight its object, being to promote

such activities conducive to the welfare of its members and to

promote the spirit of cooperation and common brotherhood

among the members. In addition, one of its objective is also to

safeguard and promote the collective and individual interests

of its members and to represent their legitimate grievances to

ensure justice.

It is this objective of the petitioner no.1’s Association which

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has prompted it through petitioner no.2 to approach this

Court.

5. The petition involve a complex which houses the North

Goa District and Subordinate Court, a modern structure

complex conceptualized as an infrastructural marvel,

designed with world class facilities, including ultra-modern

infrastructure, with an object that it remains at the forefront

of facilitating the administration of justice in a rapidly

evolving legal landscape. The new complex is a technologically

advanced building and houses virtual Courtrooms with digital

facilities, e-seva Kendra, encouraging digital case

management and e-filing systems.

The petitioner no.1 Association, which comprise of the

non-gazetted staff working in the said building, are aggrieved

by not making a provision for air conditioner in the area of

their working places/offices and the counsel for the

petitioners would submit that if the Courtrooms are supplied

with air conditioners for providing better working conditions,

the members of petitioner no.1 Association who are also a part

of the whole system, as the Court is being run through them,

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cannot be denied the said benefit and if it is done so, it is

discriminatory.

6. The petitioners have relied upon the correspondence/

representation preferred to the Principal District and Sessions

Judge requesting for a centralised air conditioning facility for

the staff in the new Court complex, and the request being

made at least to provide tower air conditioners for their better

work performance.

The grievance in the petition is that none of the

respondents paid any heed to their request and when the

Principal District and Sessions Judge, addressed a

communication to the Managing Director, GSIDC and

suggested for procuring additional transformer so as to bear

the additional load of tower air conditioner to be provided in

the offices and to ensure that the said additional transformers

provide sufficient scope for future expansions, to avoid any

inconvenience, the letter was met with a rejection by GSIDC

on 4.3.2024, informing that it is not possible to augment the

present capacity with a bigger transformer.

7. The petition has received response from the Under

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Secretary (Establishments) Law and Judiciary Department,

Government of Goa, through an affidavit dated 8.4.2025. It is

stated therein that vide communication dated 23.7.2024

addressed by the Department of Law and Judiciary, it was

conveyed to the Principal District & Sessions Judge, and that

the proposal for providing air conditioners was placed before

Government but it was not accepted.

The deponent of the affidavit place reliance upon the file

noting of the decision-making process, and it is stated that a

well-considered decision was taken, which refused the facility

and did not accept the proposal for providing the air

conditioners

8. The communication dated 23.7.2024, being brought on

record, petitioner no.2 filed an additional affidavit, alleging

that there is a shift in the stand of the State Government as

initially, feasibility was raised as an issue, but now it is

financial constraints/consideration which has been projected

as an excuse to deny the facility.

The rejoinder affidavit categorically states that the

facility had been extended to other stakeholders within the

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same Court complex including the Judicial Officers,

Advocates (Bar Rooms), office of the Public Prosecutors, VIP

Lounges and various administrative chambers but denial of

such facility to judicial employees who are an integral part of

the justice delivery system, amounts to discrimination and

definitely cannot be sustained as it amount to exclusion of a

class of occupiers of the building though all the stakeholders

working in the building are entitled for identical

environmental conditions.

9. The respondent no. 4, Managing Director of GSIDC has

also filed an affidavit stating that work of construction of the

new District and Sessions Court complex at Merces was

awarded to the contractor M/s M. Venkata Rao Infra Projects

Pvt Ltd and work of interior and furniture was awarded to M/s

Godrej & Boyce Mfg. Co. Ltd. It is informed that the building

was inaugurated on 19.10.2024 and the Courts started

functioning from 10.3.2025.

The affidavit proceeds to state that there exists a defect

liability period of three years from the issuance of the

completion certificate, during which the contractor has to

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rectify any fault, and the said certificate has been issued on

17.9.2024.

A very interesting reason is cited in paragraphs 5 and 6,

which read the following:-

“5. I say that in the event the proposal of

providing air conditioning to the balance areas
of the Merces Building is considered, then the
civil works to execute the said work will include
the breaking open of the false ceiling as well as
dismantling of light fixtures, smoke detectors,
speakers and making cutouts in the wall for
passage of copper pipes and cables/ wires. In
terms of the contract, in the event such changes
are affected to the building, the Defects liability
period which is otherwise binding on the
contractor will no longer bind the contractor.
6. Therefore, any liability of the contractor
towards the defects in the construction of the
building can be shrugged off by the Contractor
in light of the subsequent alterations done to the
building in the name of installation of the air
conditioning facility, resulting in severe
prejudice to the Respondents. I say that in the
absence of breaking open the false ceiling as well
as dismantling of light fixtures, smoke detectors,
speakers and making cut outs in the wall for

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passage of copper pipes and cables/ wires, it is
not possible to execute the said works of
installation of air conditioning facilities.”

10. Apart from the above, it is also suggested that

installation of tower AC is not feasible as it requires an

outdoor unit and the same has to be connected through copper

pipes, drain pipes and control cables, which will have to be

placed on the floor to maintain necessary slope, drain piping

but this would hinder the movement of public, including the

people with disabilities. Further, it is also tried to suggest that

installation of a tower AC would require carrying out civil

work, which is difficult at this stage. Another reason given in

the affidavit is to be found in paragraph 11, which reads thus:-

“11. Further, in the event along with proposal 1 for

the Merces building the work of providing air
conditioning to the balance area of the Merces
Building is considered, then the time period for the
execution of the work i.e. from the procurement of
the material to the installation and
commissioning of the air conditioning facilities
would take around 7 months. For the purpose of
the execution of the works and from a safety point

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of view, the spaces which are to be air conditioned
as well as several other connected rooms will have
to be completely cordoned off and shut done for a
duration of 2 months i.e. the time duration
required for the purpose of installation and
commissioning of the air conditioning facilities.
Therefore, there would be a complete disruption
of the Court functioning.”

11. The affidavit further state that changing 11 KV

installation to 33 KV installation will lead to

wasteful/avoidable expenditure to the tune of 1.65 crores as

the earlier installation would become redundant and the

installation of 33 KV equipment would lead to additional

expenditure of 5.5 crores, 4 crores for providing AC in the

room and this would take up the total expenditure to 12.00

crores.

By citing all possible reasons, the affidavit conclude by

stating that relief granted in the petition will result in the staff

of every other Courts complex in the State of Goa, making a

similar request.

It is not only the financial aspect but also the technical

aspect which deserve the consideration before the request of

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the petitioners’ Association is to be considered, is the bottom

line of the affidavit.

12. Judicial note can be taken of the fact that the new

District and Sessions Court complex at Merces came to be

inaugurated by the Hon’ble the Chief Justice of India on

19.10.2024, and pursuant thereto, the District and Sessions

Court, North Goa and Civil and Criminal Courts in Panaji

functioning from Lyceum complex were shifted in the new

complex and became functional from 10.3.2025.

The new complex to house the District and Sessions

Court is technologically advanced and has been described by

the news report “O Heraldo” dated 1.3.2025 as ‘State of art

building’ with a built up area of 34,967 sq.mt.

The building with huge parking is a stilt plus five floors

RCC frame structure.

The complex houses Court halls, Judges’ chambers,

library for Advocates, chamber for Advocates, as it is the seat

for dispensation of justice. It is worth to note that, for running

the Courts, for the justice dispensation system, not only the

Judges and the lawyers form an integral part but there is huge

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lot of supporting staff, which is integral part of this system and

this include the clerical staff, Superintendents, Accountants,

Court manager, Administrative Officer,

Stenographers/typists, Sheristedar etc. As the petitioner

no.1’s Association is said to be comprised of 452 members,

holding various posts and who also occupy the very same

complex which has the Court and the Judges’ chambers. It is

with the assistance of this staff, the Court carry its functioning

and is able to conduct proceedings and deliver the ultimate

end product, i.e. justice. It is no doubt true that the lawyers

and the litigants are part of this system and therefore apart

from the Court and Judges’ chambers, which are provided air

conditioning, even the rooms (bar rooms), which are used by

the Advocates as well as the room used by the Public

Prosecutors who represent the prosecution as well as

Government and who are allotted the distinct work places are

provided with air conditioning facility.

It is this facility which the petitioners claim for its

members as it is contended by them that suitable working

environment, which has been provided for Judges, Advocates

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who are integral part of the system must also be extended to

the petitioners who are also the part of the very same system

so as to enable them to carry out their work in a supportive,

productive and healthy environment.

13. The goal of the Indian Constitution is to secure to all its

citizens justice, social, economic and political and also

equality of status and opportunity.

The directive principles of State policy, as enshrined in

Part IV of the Constitution, cast a duty on the State to promote

the welfare of people by securing and protecting as effectively

as it may be a social order, in which justice, social, economic

and political shall be attained.

Sub clause (2) of Article 38 also directs that the State, in

particular, shall strive to minimize the inequalities in income

and endeavour to eliminate inequalities in Status, Facilities

and Opportunities not only amongst individuals but also

amongst groups of people residing in different areas or

engaged in different vocations.

Article 42 of Part IV also directs the State to make

provision for securing Just and Humane conditions of work.

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14. In the constitutional framework, the judiciary which is

one of the most important organs of the State, and is entrusted

the function as a guardian of the Constitution, as it interprets

and protects the Constitution and ensure that the laws and the

executive action aligns with the constitutional mandate. Apart

from this, the judiciary also safeguard the fundamental rights,

offering remedies when rights of citizens are infringed.

The judiciary in Indian democracy serves as a pillar,

which upholds the Constitution and ensure justice, equality

and liberty for all its citizens. Its primary function being

protection of rights of citizens by adjudicating their disputes,

resulting into dispensation of justice, for those who feel

wronged owing to alleged violations of their rights. Judiciary

stands as a firm protector of the rights of the people as the

Constitution itself provide a remedy to a citizen of protection

of his right or when the citizen face threat to his right and in

such case the judiciary is tasked with protection of this right

of a person irrespective of a status, strata of the society to

which he belongs. Judiciary, is thus a medium for a person to

seek access to justice and it acts as a defender of justice and

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protector of Rule of Law.

It is with this specific function of administration of justice

being assigned to the judiciary, the constitution contains

provisions for the establishment of the High Courts and the

Subordinate Courts, by setting out its jurisdiction and

functions, including establishment of the Subordinate Courts.

15. In order to impart justice, it is necessary for the Courts

to be armed with the necessary infrastructure, including the

buildings, so that it can function at its optimum level and

competently discharge its function as the protector of the

rights of the citizens. It calls for a provision for adequate

infrastructure, which shall go a long way in enhancing its

functioning and improve the productivity of the justice

delivery system and this aspect is time and again focused upon

and in All India Judges v. Union of India 1 , the Apex

Court reiterated it in the following words:-

“3. A sound infrastructure is the linchpin of a

strong and stable judicial system. The
responsibility for securing justice to the citizenry
of our country rests upon the judiciary which

1 (2018) 17 SCC 555

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makes it imperative upon the State to provide the
judicial wing the requisite infrastructure
commensurate with the constitutional obligation
of the judiciary. It needs to be understood that
without a robust infrastructure, the judiciary
would not be able to function at its optimum level
and, in turn, would fail to deliver the desired
results. While emphasising the importance of
judicial infrastructure, the Court in All India
Judges Assn. v. Union of India [All India Judges
Assn. v. Union of India, (2010) 14 SCC 705 : (2011)
2 SCC (L&S) 613] has observed : (SCC p. 705,
para 1)
“1. Justice delivery system is the bedrock of the
rule of law, which is held to be the basic structure
of the Constitution and it is our view that, in the
absence of adequate judicial infrastructure,
particularly for the subordinate courts, it would
not be possible to sustain rule of law in this
country. It is true that courts do not generally
issue directions in financial matters, however,
we are of the view that court fees, costs and fines
constitute what is called “measure” of what is
spent on judicial infrastructure. This would be in
consonance of doctrine of proportionality, which
is the facet of doctrine of reasonableness under
the Constitution. The Rule of Law assures the

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citizen of an effective civil and criminal justice
system and judicial infrastructure is the
cornerstone of justice delivery system without
which the Rule of Law in this Court would fail.”
(emphasis supplied)

16. The maintenance of adequate infrastructure standards

in the Court complexes is identified as the need of the hour, it

being the basic requirement of the Court, for its effective

functioning. With the onerous task of dispensing prompt and

effective justice to the litigants who knock its door, the Courts

necessarily require a robust infrastructure and this does not

only mean the hollow Courtrooms but also includes the

manpower and the surroundings in which the manpower shall

discharge its function, to improve the productivity of the

justice delivery system.

The judicial infrastructure would necessarily cover the

availability of facilities, amenities, utilities and access oriented

features in all Court complexes and is not restricted only to the

two stake holders, i.e. lawyers and the litigants and further

does not only restrict itself to the Court building, furniture,

fixtures but would also cover the facilities which are made

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available in the Court for a litigant, members of the bar and

the system shall not forget the staff which coordinate it and

make it ready for dispensation of justice.

When we speak of “Court” what immediately comes to a

person's mind is the Courtroom, the Judge occupying the

Courtroom, a lawyer presenting his case in the Courtroom and

the litigant awaiting adjudication of his case in the Courtroom

but one often tends to forget about the support staff of the

Court which stands as a solid bedrock for the Judge to

discharge his function in the Courtroom. This include the

stenographers, the clerks, the peons attached to the Court and

the other staff which is the part of the Court infrastructure

including Accounts section, the Administration section which

is occupied by Registrar through his officers, the office of the

Superintendent, Court officers, Nazir, the Record Room,

Section relating to certified copies, the staff entrusted with

preparing the files for the Court including the removal of office

objection and registration of the cases and now with

digitization, the staff assigned the job of scanning, uploading

of cases/orders etc. Apart from this there exists a separate

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wing for Legal Services Authority which is an integral part of

the Court.

17. The aforesaid staff, though at times work behind the

four walls of the Courtroom, they are an essential part of the

justice delivery system as it will be difficult for the Courts to

function and run its system in absence of this ground working

staff. They form an integral part of the judicial system and are

as important as those who are on the forefront and considered

to be the face of the system i.e. the Judges, lawyers and the

litigants.

18. When we speak of availability of basic amenities in the

Court which extends to adequate sitting space for the litigants,

public, a comfortable working atmosphere for the lawyers,

sufficient waiting area with sitting arrangement for the clients,

it will also involve proper lighting and electricity, functional

air conditioning, air cooling, heating, accessibility to clean

drinking water with clean and hygienic washrooms,

arrangements for differently abled persons, availability of

canteen/ kiosk for basic facilities like water, beverages, food.

In absence of the aforesaid, the Court complexes, would

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become stressful places, instead they are expected to be

conducive and friendly and workable places with work

comfort.

19. By this time, providing adequate infrastructure for

Court complexes has received apt attention from the

Government as technologically advanced super structures are

provided for housing the Courts, which are armed with a

facility like Video Conferencing and now some Courts are also

extending the facility of live streaming and it has become a

necessity of the day as video conferencing provides prompt

connectivity to jails and has taken off huge burden of the

Magistrates and other Courts which are dealing with remand.

One thing is clear that judicial infrastructure has been

focused on by the Government for a considerable period of

time and this has resulted into modern and well-structured

buildings coming into existence as the Government has felt

obligated to fulfill its goal of providing access to justice and is

committed for its realization.

20. It is the duty of the Government to provide to its citizens

such judicial infrastructure and means of access to justice, so

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that every citizen is able to receive expeditious, inexpensive

and fair trial and every citizen is able to exercise his

fundamental right to have access to justice and right to speedy

justice as enshrined in Article 21 of the Constitution. This right

can be effectively availed by providing adequate number of

Courtrooms with the necessary infrastructure warranted for

litigants, Judges, members of the bar and also the supporting

staff of the Court.

21. Time and again, the Higher Courts have identified the

need for making provisions for supportive infrastructure and

in no uncertain words have highlighted that financial

constraint can be no excuse to avoid performance of

Constitutional duty of the Court. At this juncture, we deem it

appropriate to make the reference to the decision of the Apex

Court in the case of Brij Mohan Lal v. Union of India2,

as the Court observed thus:-

“136. However, as far as functioning of the courts

i.e. dispensation of justice by the courts is
concerned, the Government has no control over
the courts. Further, in relation to matters of

2 (2012) 6 SCC 502

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appointments to the judicial services of the States
and even to the higher judiciary in the country,
the Government has some say, however, the
finances of the judiciary are entirely under the
control of the State. It is obvious that these
controls should be minimised to maintain the
independence of the judiciary. The courts should
be able to function free of undesirable
administrative and financial restrictions in order
to achieve the constitutional goal of providing
social, economic and political justice and equality
before law to the citizens.
“137. Article 21 of the Constitution of India takes
in its sweep the right to expeditious and fair trial.
Even Article 39-A of the Constitution recognises
the right of citizens to equal justice and free legal
aid. To put it simply, it is the constitutional duty
of the Court to provide the citizens of the country
with such judicial infrastructure and means of
access to justice so that every person is able to
receive an expeditious, inexpensive and fair trial.
The plea of financial limitations or constraints
can hardly be justified as a valid excuse to avoid
performance of the constitutional duty of the
Government, more particularly, when such rights
are accepted as basic and fundamental to the
human rights of citizens.”

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(emphasis added)

22. In case of New Bombay Advocates Welfare

Association and anr. v. State of Maharashtra and

ors.3, the Division Bench of this Court had an opportunity to

deal with the issue of financial constrain which is raised by the

Government, when it came to provide infrastructure to the

judiciary and we deem it appropriate to reproduce the

observation in paragraph 21 of the said judgment, and by

relying upon the decision of the Apex Court in Brij Mohan

Lal (supra) it was held thus:-

“21. In some detail, we have already discussed

constitutional obligation of the State
Government of establishing the Courts in the
City and of providing all the infrastructures to
the Courts. As far as the decision of establishing
the Courts is concerned or as far as the
requirement of constructing new Court
buildings or new judicial quarters is concerned,
the same will have to be taken by the High Court
Administration after considering all the relevant
factors. The views/opinion of High Court
Administration on the aspect of establishing new

3 2015 SCC OnLine Bom 5754

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Courts must get primacy. However, as laid down
by the Apex Court in the case of Brij Mohan Lal,
once the High Court Administration decides to
set up a new Court or to construct a new building
for housing the Courts or new building for the
judicial quarters, the plea of financial
constraints or financial limitations is not
available to the State. The Courts should be free
of undesirable administrative and financial
restrictions. The State cannot refuse to perform
its constitutional obligation of providing
adequate judicial infrastructure and means of
access to justice to citizens. As pointed out by
Shri. Kumbhakoni, the learned senior counsel
appointed as Amicus Curiae, there are delays
involved at every stages right from the sanction
of the initial proposal for construction of Court
building. At every stage, the State Government
comes out with an excuse of financial constraints.
In view of the law laid down by the Apex Court
in the decision in the case of Brij Mohan Lal, the
said excuse is no longer available to the State
Government. As held therein, the Courts should
be free of undesirable financial restrictions.”

23. The demand of the petitioners’ Association before us is

for making provision for air conditioning in the new District

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Court building at Merces, which otherwise is a building of

modern architecture inclusive of all necessary facilities for the

lawyers as well as in the courtrooms.

Despite repeated requests, since no positive response

was received by them, they are constrained to approach the

Court.

24. The stand on behalf of the Government is placed before

us through the learned Advocate General who would place

reliance upon the affidavits filed by the Law Department of

State of Goa as well as the GSIDC, i.e. respondent no. 4.

The Law Department in its affidavit, has informed that

the request of the petitioners' Association was placed before

the Government but the Government did not accept the same.

Reference is made to the decision-making process reflecting

the considerations on the basis of which the facility is denied

and this is found in paragraph 6 of the affidavit, and we

reproduce the same:-

“ 6. The file notings of the decision making process

reflect the following considerations on the basis of
which the said decision was arrived at;
a. A detailed feasibility report was called for from

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the Goa State Infrastructure Development
Corporation Ltd. the said feasibility report
disclosed the following;
i. Proposal No. 1: Continuing with current 11 KV
power connection and increasing load by
additional 383 KVA by making necessary
modifications. This Proposal will cost
approximately Rs. 6 Cr.
ii. Proposal No. 2: Changing 11 KV installation to
33 KV installation. This will lead to avoidable
expenditure to the tune of approximately Rs. 1.25
Cr. of 11 KV equipments, as the already installed 11
KV would become redundant.
iii. In addition, installing 33 KV equipments for
external electrification will lead to additional 5.5 Cr.
expenditure and the internal electrical works and
AC works would cost approximately Rs. 12.00 Cr.
iv. Thus, this proposal will cost approximately Rs.
17.5 Cr. with avoidable expenditure of
approximately Rs. 1.25 Cr.
v. The electricity bill in the absence of providing for
Air conditioners would be approximately in the
range of Rs. 22 to Rs 25 lakhs. The effect on the
recurring monthly electricity bill considering the
various options would be as follows;
Option 1: by modifying the 11 KV installation and
increasing the Maximum load to 1499 KVA: the

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monthly billing would be approximately in the
range of Rs. 25 to 30 lacs.
Option 2: By changing 11 KV installation to 33 KV
installation (for full building air conditioning) the
monthly billing would be approximately in the
range of Rs. 35 lakhs to Rs. 40 Lakhs
vi. The provision of additional HVAC will require:
Provision of additional sub station switchgears like
transformer, Ring Main unit, HT metering cubicle,
vacuum circuit breaker and panels to cater the
additional load
Provision of civil structures for the above including
finalizing the suitable location for the same
Provision of additional items like LT cables,
distribution cables, distribution boards. Internal
Wiring for AC units and cabling for external units
Additional external units and providing necessary
civil structure for the same.
Dismantling and redoing the same of the false
ceiling, making holes through walls, etc and
refining the same with plaster, paint etc. for the
passage of additional refrigerant copper pipes and
UPVC drainage pipes for AC units power cabling
for the AC units, etc.
Provision of proper vertical ducting for the drained
water.
vii. In terms of the regulations of the Electricity

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Department if the electrical load exceeds 1500 KVA
then GSIDC will have to opt for 33 KV power
connection in place of the 11KV connection that is
currently provided. Presently there are 2
transformers with the total load of 1115 KVA (800
KVA and 315 KVA)”

25. The affidavit further proceed to state that the GSIDC

made a proposal for increasing the load up to 1499 KVA by

retaining the present installation of 11 KV and this would incur

cost of approximate 21.5 crores towards external

electrification and Rs. 4 crores for air conditioning towards

judicial workshop as well as the officers like the Advocates’

library, Superintendent, District Superintendent, District

Legal Services Authority, CCTV server room, Stenographers’

room etc.

It is in the light of the aforesaid, the decision is taken by

the Government not to consider the said request.

26. The respondent no. 4, GSIDC, has also filed an affidavit

through its Managing Director and surprisingly in its affidavit,

apart from financial burden, some certain additional reasons

are set forth before us, to suggest that the request made by the

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petitioners cannot be considered.

The affidavit proceeds to state that the contract was

entered by GSIDC with M/s Venkata Rao Infra Projects Pvt.

Ltd and there existed a defect liability for a period of three

years from the date of the issuance of completion certificate

during which the faults, if any, are required to be rectified. It

is stated that the completion certificate has been issued to the

Agency on 17.9.2024 and any liability of the contractor

towards the defects in construction of the building can be

shrugged off by the contractor in the light of the subsequent

alterations done to the building in the name of installation of

the air conditioning facility, resulting in severe prejudice to

the GSIDC.

Another technical difficulty is also presented by stating

that in the absence of breaking open the false ceiling as well as

dismantling of light fixtures, smoke detectors, speakers and

making cutouts in the wall for the passage of copper pipes and

cables/wires, it is not possible to execute the works of

installation. In specific, it is stated that if the building is

considered, the Civil works to execute the same shall include

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breaking open the false ceiling and dismantling of lights

fixtures etc. and in terms of the contract, even, in the event,

such changes are to be introduced in the building, the defect

liability period which is otherwise binding on the contractor

will no longer bind the contractor.

27. With regards to the alternative suggestion about

providing tower AC or any other form of Air conditioner, so

that civil work shall be avoided, it is stated that the petitioners

do not possess technical knowledge and it is tried to suggest

that tower AC are not feasible because even they require

outdoor unit which will have to be connected to copper pipes,

drain pipes and control cables and such utilities shall have to

be placed on the floor and to maintain necessary slope, drain

piping and other pipes will have to be placed at a raised

location and this will hinder the movement of public and

persons with disabilities would suffer the most. Apart from

this it is also tried to suggest that that outdoor units which will

have to be kept outside shall also create obstruction and as far

as tower AC units are concerned, it is stated that they occupy

floor space in the room, which will reduce the working space

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and that would create a drawback by itself.

One more difficulty which is expressed in the affidavit, is

about the additional power which will have to be augmented,

as it is stated that with current 11 KV power connection, an

addition of 383 KV will be required to be introduced but this

will able to cater the rest of the building and this proposal

would incur cost of approximately Rs. 6 crores. The option

no.2 of changing 11 KV to 33 KV, is stated to be resulting in

wasteful expenditure of Rs. 1.65 crores as the old equipment

would become redundant and the new 33 KV equipment

would lead to additional expenditure of Rs. 5.5 crores, Rs. 4

crores for providing AC and the internal works and AC works

for the balance room would thus cost approximately Rs. 12.00

crores and total cost of the project is estimated approximately

at Rs. 25 crores.

28. We do not appreciate the stand adopted by the

respondents, as we are of the considered view that for proper

and effective functioning of the Courts, it is necessary to have

the support of the staff, and which rather constitutes the

backbone of the Courts’ functioning and discharging its

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solemn obligation of dispensation of justice and this staff is

also entitled for an appropriate working environment, so as to

increase their efficiency and output, which ultimately is going

to be beneficial for the administration of justice itself.

What appears to be strange to us is the denial of this

facility only to a particular class, i.e. members of the petitioner

no.1 Association, which they describe as “discriminatory” as

they have a feeling that it is only the Courts, Judges and the

lawyers who are entitled for these facilities and we do not want

them to carry an impression of they being discriminated and

treated on a different pedestal by the judiciary, who, is

otherwise committed to ensure ‘Equality’ as contemplated

under Article 14 of the Constitution.

Equality before law, the lifeline of the Indian

Constitution, convey that every individual regardless of

his/her background or status is subject to the same laws and

legal procedures. It implies that everyone is entitled to equal

treatment and this principle is the cornerstone of Rule of Law.

It also conveys that there are no special privileges or

exemptions based on the factors like wealth, social status or

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political influence, as all citizens are entitled to be treated

equally and they shall be subject to the same laws as ordinary

citizens. The concept of equality address any systematic

inequalities and it underline the principle, that all are equal in

law.

Article 14 exists in the Constitution as a guarantee against

the arbitrary action of the State and against arbitrariness and

though it prohibits class legislation, it permits the State to

make classifications of subjects; however, being hedged by the

twin test of the classification being founded on intelligible

differentia and the existence of a rational nexus with the

objectives sought to be achieved by the classification.

The ambit of Article 14 has been expanded through various

authoritative judicial pronouncements, declaring that the

fundamental right to equality guaranteed under Article 14 of

the Constitution, has manifested within its folds, equality of

status and it intend to achieve the object declared by the

preamble of the Indian Constitution and this concept of

equality runs throughout its provisions. The principle involves

a systematic rule of law that observes due process to provide

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equal justice and requires equal protection, ensuring that no

individual or group of individuals is privileged over others in

law.

29. It is this concept of equality which is implicit to us, and

hence, we fail to appreciate the stand of the State Government,

that on account of huge financial burden, it is avoiding to

extend the facility to the members of the petitioner no.1 or at

some time it had tried to suggest that the defect liability period

of the building is already over. As we are conscious of a well-

known saying that ‘where there is a will there is a way’, we are

of the view that the petitioners’ Association deserve a similar

treatment as the other class, who is instrumental in the Courts'

functioning i.e. Judges and Lawyers and if they are extended

the facility of air conditioning, we direct the State to treat the

members of the petitioners’ Association with parity and

extend the benefits to them.

Whatever difficulties are placed before us in form of

affidavits can be taken care of with appropriate technical

assistance, as it is not uncommon to see that several Courts’

buildings which were constructed decades ago, received an

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uplift and by making them air conditioned and the excuse of

financial restrain, according to us, will not deter us from

issuing direction to provide the facility to the offices which are

occupied by the members of the petitioner no.1 Association, as

we find that they all belong to one uniform class, i.e. the people

working in the Court complex and assisting the court in

administration of justice and there can be no discrimination

between them when it comes to infrastructural facilities as a

healthy work environment is bound to increase the efficiency

of the employees. It is also to be kept in mind that with the

sweltering heat which the State suffers particularly from the

months of April to August, when the temperature touches 40

degrees, with the humidity on the rise, the working conditions

become deplorable and we cannot expect the staff to work in

such condition while the Judges are provided multiple air

conditioners so that atmosphere is kept cool and they are kept

away from the adverse situation on account of rise in the

temperature.

30. For the aforesaid reasons since we do find that the

reasons cited by the State Government in not extending air

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conditioning facility to the members of petitioner no.1

Association, who are also part of the judicial system, which is

housed in form of the Court, in the Court complex, we direct

the State Government to ensure that the air conditioning

facilities are introduced in the District and Sessions Court and

Subordinate Courts in various wings/work places, occupied by

the judicial and non judicial staff within a period of six months

from today and in any case by end of February 2026 and make

it functional and for this purpose if it require to augment

additional KV power, it shall do so, even if it incurs additional

expenditure, as we are of the view that since the air

conditioning facility is meant for the persons who are serving

judiciary by playing different roles and ultimately rendering

assistance in administration of justice.

31. With the above direction, the Writ Petition is made

absolute.

NIVEDITA P. MEHTA, J. BHARATI DANGRE, J.

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