SHRI RAMNATH PARWATKAR, PAINTER, GOA MEDICAL COLLEGE, BAMBOLIM AND OTHERS Vs. STATE OF GOA THROUGH ITS CHIEF SECRETARY, SECRETARIAT PANAJI AND THE DEAN, GOA MEDICAL COLLEGE, BAMBOLIM AND OTHERS

JUDGEMENT

(1.) This petition and the other petitions, since they raise a common question for determination, are being decided by this Judgment.

(2.) The facts in brief, as are necessary for the decision of these petitions, are stated hereunder:- On 21st April 1982, the petitioner in Writ Petition No. 110 of 2000 was appointed on daily wages as a painter in the workshop of the Goa Medical College. Thereafter, on 18th Oct. 1991, the petitioner was regularised in the post of painter in the scale of Rs. 950-1400. On 13th Oct. 1999, the second respondent issued orders indicating that the petitioner would stand retired on superannuation with effect from 30th April 2000. The petitioner, thereafter, addressed a representation to the respondents contending therein that he is a workman and an artisan within the meaning of the Fundamental Rule 56(b) and as such was entitled to be continued in service till he attains the age of 60 years. Since the respondents have not considered the representation of the petitioner favourably, this petition came to be filed.

(3.) In Writ Petition No. 130 of 2000, the petitioner was appointed as Radiographer on 11th July 1966 in the Goa Medical College. The petitioner was, thereafter, promoted on 6th Aug. 1970 temporarily to the post of X-Ray Technician. On 7th Sept. 1972, the petitioner was confirmed in the post of Radiographer with effect from 1st July 1972. The petitioner was, thereafter, on 13th Sept. 1977, confirmed in the permanent post of X-Ray Technician with effect from 12th Sept. 1977. Thereafter, the post of X-Ray Technician was redesignated as Radiographic Technician. The petitioner was then promoted temporarily to the post of Senior Radiographic Technician on 18th Jan. 1999. The petitioner was, thus, retired on superannuation on attaining the age of 58 years.