LAWS(BOM)-2005-3-139

PANDURANGRAO LAXMANRAO DHONGADE Vs. STATE OF GOA

Decided On March 07, 2005
PANDURANGRAO LAXMANRAO DHONGADE Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) By this petition the petitioner, inter alia, seeks a declaration that Rule 3 of the Goa State Civil Services (Retirement) Rules, 2000 in so far as it purports to reduce the age of superannuation of the petitioner from 60 to 58 years is null and void being violative of Article 14 of the Constitution of India and as such liable to be strike down or at least read down not to be applicable to librarian working in Goa Medical College.

(2.) The petitioner was appointed Librarian in Goa Medical College with effect from 31-8-1974. According to the petitioner in terms of the rule applicable to him he ought to retire at the age of 60. In the year 2000, the Government of Goa enacted rules known as Goa State Civil Services (Retirement) rules, 2000 (hereinafter referred to as The Rules'). The said rules were published in extraordinary Gazette dated 30-8-2000. In terms of Rule 3 every government servant including workman/artisan shall retire from service on the afternoon of the last day of the month in which he attains the age of 58 years; however a Government servant whose date of birth is the first of a month shall retire from the service on the afternoon of that last day of the preceding month on attaining the age of 58 years.

(3.) During the pendency of the petition the Government of Goa obtained ex post facto approval of the Central Government for reducing the age of retirement from 60 to 58 years in terms of section 60 (6) of the Goa, Daman and Diu Re-organisation Act, 1987. In the present petition Shri J. S. Monteiro, joint Secretary (Health) , Government of Goa has filed affidavit dated 7-9- 2004 and in paragraph 4 he has stated as under :