SHRI DATTARAM VITHAL CHARI Vs. STATE OF GOA

JUDGEMENT

(1.) The petitioner was appointed as a graduate teacher (B.Sc) in People's High School run by the respondent no. 3- Education Society, on 15.07.1982. The Goa School Education Act, 1984 and the Goa School Education Rules, 1986 came into force in November, 1986. On 12.08.1987, the Government of India made applicable the revised pay scales to the school teachers, which envisage grant of senior scale and selection scale on completion of 12 years and 24 years of service, respectively. The issue in the present petition is, whether the petitioner is entitled to grant of senior scale and selection scale, on the basis of his service counted from the date of initial appointment or from acquiring of necessary professional qualification. Undisputedly, the petitioner acquired educational qualification on 17.08.1987. The petitioner is challenging part of the circular dated 16.05.2008 issued by the Government of Goa, by which, although it stipulates that 12 years of service has to be counted from the date of initial appointment and not from the date of acquiring professional qualification (as was previously the case), there is a rider which says that the actual monetary benefits shall be paid from 16.05.2008. The petitioner has a quarrel with the said date from which actual monetary benefits, are made payable.

(2.) We have heard Shri Pangam, the learned Counsel for the petitioner and Shri Sardessai, the learned Additional Government Advocate for respondent nos. 1 and 2. None appears for the other respondents.

(3.) It is submitted by Shri Pangam, the learned Counsel for the petitioner that the petitioner joined service on 15.07.1982 and had acquired professional qualification on 17.08.1987. It is submitted that under the relevant Rules, a period of 5 years is allowed for acquisition of professional qualification and as such, the period of 12 years has to be counted from the date of initial appointment. The learned Counsel has pointed out that the circular dated 16.05.2008 also stipulates that the period has to be counted from the initial appointment. The learned Counsel was at pains to point out that in such circumstances, there is no plausible reason for restricting the monetary benefits from 16.05.2008. The learned Counsel submits that the petitioner having joined service on 15.07.1982, completed 12 years of service on 14.07.1994 and 24 years of service on 14.07.2006. It is submitted that the petitioner has neither been granted senior scale nor the selection scale. The learned Counsel has pointed out that the benefits of selection scale has been denied on the ground that the petitioner has already been promoted as Headmaster. He however, points out that the petitioner was promoted on 03.08.2013, much after 14.07.2006, when the petitioner became eligible for grant of selection scale. On behalf of the petitioner, reliance is placed on the decision of this Court in the case of Shri Suresh D. Naik Vs. State of Goa, through its Secretary (Education) and Others, 1998(4) Bom.C.R. 365 and judgment dated 25.06.2003 in the case of Smt. Maria E. de Souza Vs. The Director, Directorate of Education and Others passed in Writ Petition No. 227/2003.