LAWS(BOM)-1998-2-3

P K ZACHARIAH Vs. STATE OF GOA

Decided On February 06, 1998
P.K.ZACHARIAH Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) THE petitioner herein came to be appointed as a Laboratory Assistant, by order dated 28th June, 1987, Exh. P. 1 at page 21. He came to be confirmed in the year 1972, in the said post. On formation of the State of Goa, the question of absorption of the employees of the erstwhile Union Territory was dealt with by passing appropriate orders, statutes and sub-rules. One statute that has come on record and is referred to for the purpose of the controversy in question, is extracted and is to be found as Exh. P/4 at page 27. The service conditions are not to be altered without prior approval of the Central Government.

(2.) BEFORE these events took place in the year 1983, a decision was taken by the Central Government that the retirement age of Laboratory Assistants, School Teachers and others, shall be 60 years.

(3.) OBVIOUSLY therefore, so far as the petitioner is concerned, his retirement age will be 60 years and it could not be altered without prior approval of the Central Government. The affidavit-in-reply is filed on behalf of the respondent No. 3, Principal, Goa College of Engineering, by the Principal himself. The only case put forth by the said deponent in para 2 of the affidavit is that the decision of the Central Government, Exhibit P/5 at page 31 will not be applicable to Laboratory Assistance and Librarians, of Professional Colleges and Institutions.