VITHAL SHANKER KERKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioner has approached this Court praying for directions to the respondents to pay the retirement benefits including pension, gratuity, commutation, arrears of pension along with 18% interest from 1st February, 2005 with full and final payment.

(2.) THE petitioner was appointed to the post of Laboratory Attendant on 15th October, 1970. The petitioner came to be appointed as Laboratory Technician on 16th March, 1979. The petitioner came to be promoted to the post of Senior Laboratory Assistant on 16th October, 1989. The petitioner was promoted to the post of Laboratory Supervisor on 16th October, 1997. Vide communication dated 18th November, 1999 issued by respondent no.2 the petitioner's pay scale was revised in the pay scale of Rs.5500 -175 -9000 with effect from 16th September, 1997. Since the petitioner was due to retire in the year 2005, necessary papers for preparation of provisional benefits were submitted by him. The petitioner stood retired with effect from 31st January, 2005. After the retirement, the petitioner was paid G.P.F. without interest. However, since the petitioner's pension was not released, Writ Petition being Writ Petition No.460/2005 came to be filed before this Court. During the pendency of the petition, an order came to be passed by the respondent no.2 - University that the pay scale of the petitioner was regulated in the pay scale of Laboratory Technician and pay scale of the petitioner was refixed in the scale of Rs.4500 -125 -7000. On 4th April, 2006, the petitioner withdrew the petition with liberty to file the petition afresh.

(3.) HEARD Shri M.S. Joshi, the learned Counsel for the petitioner, Shri M. Salkar, the learned Government Advocate for respondents no.1, 4 and 5 and Mrs. A. Agni, the learned Counsel for respondents no.2, 3 & 6.