Justice alas, but wee bit late!

School teacher dies but legal heir wins 13-year-old legal battle

by Preetu Nair

PANJIM: After a 13-year-old legal battle, a school teacher finally earns justice. But unfortunately, she cannot enjoy the fruits of her long legal struggle, for, she is no more.

Ratnamala Khanolkar's legal battle started in 1994 and ended in 2007 with a High Court verdict, which is partly in her favour. Though Khanolkar (now through her legal heir) sought a direction from the court that the government quantify the arrears payable to her from June 1992 till the date of her death on June 28, 2005, the High Court directed the government to ascertain the liability regarding the salary arrears payable to the deceased petitioner for the period expiring in May 1993 from June 1992.

Khanolkar was appointed as a teacher with effect from June 1992, but when the school reopened after the summer vacation in June 1993, she was not permitted to discharge her duties as a teacher in the school. She therefore approached the Administrative Tribunal for prohibiting her from discharging her duties in 1994.

The Administrative Tribunal held that the termination of her services is bad in law and directed Shree Shantadurga Shiksha Samiti, Kavalem-Ponda chairperson and Director of Education to pay to Khanolkar, her salary from December 1992 in the prescribed scale after deducting salary @ the rate of 150/- per month.

But, the order passed by the Tribunal didn't disclose the period for which the amount of salary is to be calculated and paid to the petitioner.

Meanwhile, the respondents -- Shree Shantadurga Shiksha Samiti, Kavalem-Ponda chairperson and Director of Education -- maintained that Khanolkar had not rendered any service from June 1993 and the question of granting any salary for the period from June 1993 onwards does not arise.

However, the petitioner contended that since she was appointed in 1992, she became permanent employee since June 1994. When the matter came up before the Division bench of Justice RMS Khandeparkar and Justice R S Mohite, they observed that the record placed before them nowhere discloses that the deceased petitioner was selected after following regular procedure for selection in accordance with the provisions of law nor it discloses any letter of appointment having been issued to the petitioner disclosing that she was appointed on permanent basis.

The court also observed that once the employee is appointed as teacher in any private school in Goa it is well settled law that unless there is specific provision in the letter of appointment or statutory provision regarding deemed permanency on completion of the period of 2 years of employment, the employee cannot claim to have become permanent employee.

Dismissing the petitioner's plea to pay the salary from June 1992 till her death on June 28, 2005, the court noted that the question of directing the respondents to make the calculation about the salary after June 1993 does not arise, even as they admitted that the petitioner had rendered services up to May 1993 and so must be paid a salary till then.