OLIVINHO J F GOMES Vs. CHIEF SECRETARY

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India seeks to challenge denial of full pension for service rendered by the petitioner with the respondent Nos. 2 and 3. The order dated 5.10.2007 holding him entitled to pension for a period of 6 years 6 months only passed by Under Secretary (Higher Education) for Government of Goa, is also impugned.

(2.) The facts are not in dispute at all. The petitioner, who was in Indian Revenue Service, last worked as an additional Collector, Central Excise and Custom Department at Aurangabad. Because of his inclination towards academics, he applied for voluntarily retirement at the age of 44 years and was permitted accordingly on 18.6.1987 under Rule 48-A of CCS (Pension) Rules 1972 as he had completed requisite 20 years of actual service. As per the said scheme, his employer i.e. the Central Government gave him weightage of 5 years as he had actually worked for 21 years 6 months and 18 days.

(3.) Because of his attitude mentioned above, the petitioner then applied to Goa University, an autonomous body and after open selection process, was selected and appointed as a professor of Konkani with effect from 20.6.1987. He was initially fixed @ Rs. 2,125/- in then prevailing Professor's scale of Rs. 1500-2000/- as a special case. Later on he was fixed @ Rs. 4500/- in UGC pay scale of Rs. 4500-7000/-. This was not his re-employment but a fresh employment. Vide order dated 27.10.1994, he was confirmed in the post of Professor with effect from 20.6.1989 as he had satisfactorily completed his probation period of 2 years. He was asked to contribute to G.P.F. like any other pensionable University employee, which he did for balance period of his service of 15 and half years. He retired on superannuation on 31.01.2003 and at that time, he had clear 15 years, 7 months and 11 days of service. He claimed pension for entire length of service put in by him as a Professor from the respondent Nos. 2 and 3. There was some correspondence on the issue and then because of provision of Rule 49 read with Rule 7 of CCS(Pension) Rules 1972, the respondent Nos. 1 and 4 found that he was entitled to pension for a period not exceeding 33 years in toto. As he was already receiving pension for his service of 26 years and 6 months with the Central Government, in order to make up deficit, he was sanctioned pension for 6 years and 6 months by the present respondents. It is not in dispute that the University of Goa though an autonomous body, has adopted the CCS(Pension) Rules 1972 for its employees.