Panaji: The Bombay High Court at Goa has ordered the State government to consider the claims of a fresh set of government employees -- mainly teachers -- who were prematurely retired by the State government, to ascertain whether they met the qualifying criteria as previous petitioners who were granted an enhanced pension as if they had retired at the age of 60.
Hearing a petition filed by the All Goa Government Pensioners Association and the All Goa Prematurely Retired Government Employees, among others, the High Court ruled that while the petitioners failed to specify whether they qualified, the government could be directed to examine the individual claims.
“There is substance in (government’s) contention about the absence of particulars and the vagueness in the reliefs applied. However, at the same time, it does appear that several Government employees, entitled to continue in service until they attain the age of 60 years, were retired at the age of 58. These were employees appointed before the appointed date, i.e. 30.05.1987, as provided under the Goa, Daman and Diu Reorganization Act, 1987 (Reorganization Act),” the High Court bench of justices MS Sonak and Bharat Deshpande said.
Thus, in principle, there could be no dispute that if the employees, whose cause the petitioners claim to espouse, were indeed appointed before the appointed date, i.e. 30.05.1987 and further, if before the appointed date, their service conditions entitled them to continue in service until they attain the age of 60 years, then, there was no justification in retiring such employees upon their reaching the age of 58 years, in the absence of compliance with the provisions of Section 60(6) of the Reorganization Act.
However, the question is whether the petitioners indeed represent the cause of such prematurely retired Government employees
“In the absence of any details or particulars in the petition or its accompaniments, it will be difficult for us to make any specific orders granting specific relief to the petitioners or the employees whose cause the petitioners claim to espouse. At the same time, considering that we are dealing with the cases of senior citizens, who may have been prematurely retired in breach of the provisions of Section 60(6) of the Reorganization Act the petitioners cannot be sent back empty handed. This is a case where the relief will have to be moulded so that there is neither any injustice to the prematurely retired Government employees nor is the State required to extend the benefits to employees who do not deserve or are not entitled to the same,” the High Court also ruled.
“Therefore, considering the above aspects and balancing the interests of the allegedly prematurely retired employees and the State Government, we grant the petitioners liberty to furnish the respondents a representation accompanied by a detailed chart giving the names and details of the allegedly prematurely retired Government employees. The petitioners will have to provide all necessary information in the chart and make out a case that these prematurely retired Government employees are identical to or substantially similar,” the High Court ruled.
The petitioners agreed to submit a detailed chart within two months from today.
“Suppose the appropriate authority finds that the cases of the employees whose details have been set out in the chart are indeed covered by the law laid down (previously by the High Court). Accordingly, in that case, the respondents are directed to extend such employees the same benefit that was extended (in the previous petitions). However, suppose the appropriate authority finds that cases of the employees or some of the employees are not covered; in that case, the appropriate authority should communicate this decision to the petitioners along with brief reasons indicating why the employees are not covered,” the High Court also ruled.
“In any case, we expect the appropriate authority to complete the exercise within four months, including the period involved in seeking and obtaining clarifications,” the High Court also said.
This news is reported by The Goan. To read more GOA news visit The Goan
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