M. R. Nimbalkar v. Director of Education, Government of Goa
2009-01-23
N.A.BRITTO, P.B.MAJMUDAR
body2009
DigiLaw.ai
Judgment P. B. MAJMUDAR, J.:- By this petition, the petitioner has prayed that the respondents may be directed pay additional benefits of Rs.1.34,946/- along with interest, which amount he is entitled to on the basis of the calculation of retirement dues, considering the age of superannuation as 60 years and not 58 years. The petition has taken the benefit of Voluntary Retirement Scheme (VRS). However, while calculating the retirement dues, the Department considered his age of superannuation as 58 and not 60, though according to the petitioner the calculation should have been done considering the age of superannuation as 60 as he was discharging his duty on promotion to the post of Headmaster Nice Principal of Government School/Higher Secondary School. 2. The petitioner was initially appointed as Asstt. Social Educational Officer in the Directorate of Education, Panaji. As per the Schedule to the Recruitment Rules, at page 24 the next promotional post to the post of Asstt. Social Educational Officer is the Vice-Principal of Training College/Headmaster of Govt. High School Nice-Principal of Government Higher Secondary School. The petitioner was subsequently promoted vide Order dated 18.11.1997. The order states that various officers in the grade of Tr. Gd.I/Sr. Inst./A.D .E.I./Headmaster of Govt. Middle School/ASEO have been promoted to the post of Headmaster/Vice-Principal of Govt. High School/Higher Secondary School in the scale of Rs.2000-3500 with immediate effect. The name of the petitioner appears at serial No.17, and in Column No.4 i.e. "Designation and Place where now posted on promotion" does not show the post to which the petitioner is promoted, but only recorded as "State Institute of Education Porvorim vice Shri. V. D. N adgauda transferred". It seems that the petitioner brought to the attention of the respondent No.1 the fact that he could have been promoted to the post of Headmaster/Vice Principal of Government School/Higher Secondary School as per the Recruitment Rules. According to the petitioner, on that basis there is also an entry in the petitioner's Service Book to the effect that the petitioner is posted on the post of Headmaster/Vice Principal of Government School/Higher Secondary School in the pay scale of Rs.2000-3500. 3. Mr.
According to the petitioner, on that basis there is also an entry in the petitioner's Service Book to the effect that the petitioner is posted on the post of Headmaster/Vice Principal of Government School/Higher Secondary School in the pay scale of Rs.2000-3500. 3. Mr. Sonak, learned Counsel appearing for the petitioner submitted that as per the Recruitment Rules, the petitioner could have been promoted only on the post of Headmaster/Vice Principal of Government School/Higher Secondary School which is on teaching side and even if for administrative reasons the petitioner was assigned the duties on non-teaching side as he accepted the posting at State Institute of Education Porvorim vice Shri. V. D. Nadgauda, who was designated as non-teaching staff, that itself is not a, ground for considering the age of superannuation to the post in question as 58 years. It is not in dispute that if a person who is serving on the non-teaching side, his age of superannuation is 58 years. 4. It is the say of the petitioner that when he was promoted to a post meant for teaching side and even if for administrative reasons he was asked to perform non-teaching work, that itself is no ground in considering his age of superannuation as 58 years and not 60 years. The learned Counsel for the petitioner that his past service with Shivaji Arts & Commerce College, Karwar-Karnataka should have been counted for the retirement benefits cannot be accepted as the petitioner had accepted his appointment to the post of Assistant Social Education Officer as a fresh appointment and there is no material to show that the petitioner had any lien in this behalf on the original post. In fact the petitioner had served in other State and as such, his earlier period cannot be counted. 9. The petition is, accordingly, partly allowed in terms of prayer clause (a) to the extent that he shall be entitled to the additional benefits of Rs.l,34,946/- along with interest at the rate of 8% per annum till payment, as the demand of the petitioner for interest at the rate of 15 % per annum is not justified. The said payment shall be made within a period of 8 weeks from today. Rule made absolute, accordingly, to that extent. There shall be no order as to costs. Petition partly allowed.