SURESH D NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioner was appointed as Grade I Teacher for a temporary period of one Academic Year with effect from 30th June, 1981. At the time of the said appointment the petitioner had only a Masters Degree in Pass Class and did not have any Degree in Education/teaching. He, however, obtained second class Masters Degree in the year 1982 and was appointed on regular basis on probation with effect from 16th March, 1982. He obtained training qualification, as prescribed under Rule 78 of the Rules framed under the Goa Education Act, 1984, on 1st May, 1983.

(2.) THE petitioners case is that he has already completed 12 years of service as Grade I Teacher as on 1st July, 1993 and is entitled to senior scale with effect from 1st July, 1993. This claim of the petitioner was not accepted by the Government and, in fact, the stand taken by Director of Education in affidavit dated 30th August, 1994, is that the petitioner would be entitled to senior scale after completion of 12 years of service with effect from the date of acquisition of training qualification, that is to say from 1st May, 1983. Thus, the stand of the Department is that the petitioner would be entitled-to senior scale with effect from 1st May, 1995 and not from Ist July, 1993, as claimed by the petitioner.

(3.) WE have heard learned Counsel on either side. Our attention has been drawn to Rule 78 of the Goa, Daman and Diu School Education Rules, 1986; Notification No. F-5-180/86-U. T. I. dated 12th August, 1987 which has been issued by the Ministry of Human Resource Development (Deptt. of Education), New Delhi; the Order No. DE/gia/ Hg-section 19/90-91 /part 1/2619 dated 3rd January, 1991, issued by the Directorate of Education, as well as the judgment of the Division Bench in the case of (Domnic Araujo v. State of Goa and others) reported in 1989 Mh. L. J. 538, wherein the scope of various provisions of the said Rules and of the Grant-in-Aid Code has been examined.