SUZETTE MENEZES Vs. STATE OF GOA

JUDGEMENT

(1.) THE short question that arises in this Petition under article 226 of the Constitution of India is what should be the age of retirement for a teacher working in Goa Medical College. According to petitioner, the age of retirement or superannuation should be 60 years, while according to respondents Nos. 1 and 2, i.e. State of Goa, it should be 58 years.

(2.) AT the outset, it is to be noted that respondent No.3, i.e. the Dean, Goa Medical College, has sent a representation dated 10-11-1995 along with Draft Goa State Medical Education Service Rules, 1995, inter alia, providing that the age of retirement for a Medical College teacher should be 60 years. We asked the learned Government Advocate to take instructions in the matter. He stated that the Government is not inclined to consider the said representation and those Draft Rules. However, this makes the stand of respondent No.3 clear that the age of retirement for a teacher in Goa Medical College should be 60.

(3.) THE Medical College in which the petitioner teaches is an affiliated College of Goa University. There are other Government Colleges affiliated to Goa University. The respondent No.1 gave sanction to raise the age of superannuation for teachers in Government Polytechnic, Goa College of Engineering, Goa College of Pharmacy, Goa College of Architecture and Goa College of Arts by Order dated 22-10-1990. The age of superannuation was increased from 58 to 60 years. The age of retirement under Statute 77(1) of the Statutes of the University framed under Section 23(1) of Goa University Act, 1984 provides that the retirement age of a teacher, in College including Principal, shall be 60 years. Even the Registrar of Goa University has written letter dated 19-4-1994 to respondent No.2 in respect of the pay-scales and age of superannuation regarding Medical and Dental Colleges teachers and to revise the same as per the teachers in other Colleges. This was with a view to have uniformity in pay-scales and other conditions of service. The Medical Council of India which is a body created under the Medical Council of India Act, 1956, to control and regulate medical service in the country, has also recommended the age of superannuation for a teacher of Medical College as 60. Even respondent No.1 by Order dated 31-12-1992 raised the age of superannuation to 60 years of all the teachers in Polytechnic offering diploma in Engineering and Technology.