ANTHONY C MONTEIRO Vs. GOVT OF GOA

JUDGEMENT

(1.) The short question for our consideration in this petition, is whether the petitioner is entitled to minimum pension of Rs. 375/-, as per Clause 7. 1 r/w. clause 10 (a) of the Revision of Pension for Pre 1986 pensioners, introduced vide Office memorandum (O. M. ) No. 2/l/87-PIC-I dated 16-04-1987 and followed by the Respondents. The said clauses read as follows :-

(2.) There is no dispute that the petitioner was in Government service in the department of Animal Husbandry and veterinary Services, as Junior Stenographer and went on deputation to Goa Meat Complex as Senior Stenographer on 08-06-1977 and thereafter was absorbed their vide O. M. dated 14-09-1983 from 01-06-1981, and, was held entitled for retirement benefits as Jr. Stenographer for his service from 01-02-1965 to 31-05-1981.

(3.) The respondent's contention is that the petitioner has already been paid all pension benefits as admissible under the Rules. The petitioner approached this Court with Writ petition No. 104/1992, which was disposed of by a Division Bench of this Court by Judgment dated 20-02-1982. The petitioner was given an opportunity to place his case in respect of his claim for commutation and terminal benefits at minimum pension of Rs. 375/- and also the application for withdrawal subsequently made by him, in that connection. The Deputy Director of Pensions (respondent no. 4) , was required to hear the respective parties and take a decision and in case it was felt necessary by him, he was free to make a further reference, giving all the facts of this case, to the Central Government, and, in case it was not considered necessary, the Deputy director of Pensions was required to decide the issue on the basis of the submissions made on behalf of the parties, taking into consideration the Rules and Regulations applicable in that behalf and was further required to decide the issue by a speaking order within a period of four months, and in case the intervention of the Central government was found necessary, then he was required to dispose of within a period of six months from the date of the receipt of the order.