NT Reporter Panaji
The High Court of Bombay at Goa has directed the Goa Institute of Management (GIM) to reinstate petitioner Dr Vilasini Devi Nair as assistant professor and allow her to continue in service until she attains the age of superannuation at 65, subject to her services being found satisfactory.
The High Court said the petitioner was wrongfully denied the benefit of continuation until 65 and, through no fault of hers, was made to retire prematurely.
It directed the authorities to release the salary due to her from the date she was retired until her reinstatement.
Upon restoration of service, she must be paid regular salary and admissible allowances. This salary must be deposited in her account within eight weeks. The court also said her services shall be treated as continuous from the date of her appointment.
The petition had sought a writ of mandamus directing the Goa Institute of Management to reinstate her and continue her services until the age of 65, as prescribed by the All India Council for Technical Education’s 2019 Regulations on pay-scales, service conditions and minimum qualifications.
The High Court said that from the affidavit filed by the institute, an attempt was made to justify that the petitioner was unfit to continue based on her appraisal report.
The court said it was not ready to accept this stand, adding that if she was considered unfit and nearing superannuation, the management was free to initiate appropriate action, but this could not deprive her of the right to continue until 65.
