by PREETU NAIR
PANJIM:
September 25, 2006: In the minutes of order submitted to the High Court of Bombay at Panjim, all parties concerned with the Curca garbage site - the Curca villagers (petitioners) and respondent state government, Corporation of City of Panjim (CCP) and Goa State Urban Development Authority (GSUDA) -- agreed to go ahead with capping the site. The work was estimated to be completed by May 30, 2007 and the expenditure sanctioned was Rs 1,09,64,625.
March 20, 2007: GSUDA comes up with a revised time schedule. The work of capping is now postponed by almost a year and is scheduled to be completed by March 31, 2008. Meanwhile, to prevent rainwater from percolating into the waste dump, GSUDA makes temporary arrangements to cover the Municipal waste dump with silpaulin, which is thinner than tarpaulin.
October 2007: Advocate General Subodh Kantak orally informs the High Court that the government was examining another proposal. He said that instead of capping the site, the government was looking into another proposal to shift the garbage to another site before the following monsoon. An application to this effect would be made in another week, he had informed the Court (the matter is yet to be placed on Board).
There is no method to this madness: after a year of planning, the government now proposes to shift the garbage, a proposal that they had disposed off much earlier, because it was not feasible.
Capping not feasible
"Capping of the Curca garbage site doesn't solve the problem. According to our expert's report, we should segregate the garbage. While the solid waste would be removed to the landfill site at Baingunim, the wet waste would be processed at the site itself and converted into manure," stated Chief Secretary JP Singh.
In fact, the government had decided to go ahead with capping the site relying on a report prepared by Mahabal Enviro Engineers Pvt Ltd., Pune, which was selected by GSUDA as the consultant for execution of the capping work.
Mahabal Enviro Engineers Pvt Ltd. in their plan "The Capping and Closure Plan of Municipal Solid Waste Dump at Curca" ruled out transportation not only because of lack of an alternate site but said: "at the most, the heap appearing over and above the ground level can be transported out. The earlier quarry has a depth of about seven metres below ground level. And this much municipal solid waste (MSW) can't be transported out immediately".
The consultants also looked into the possibility of incineration, as the existing MSW appeared to have good calorific value (judging from the combustion experienced); converting into compost, as the existing municipal solid wastes (MSW) appears to have good fertilizing value (judging from the bushes grown on the dump) ruled out both options as vermin-composting was once attempted by CCP (then Panjim Municipal Council) and took time.
And finally it was suggested that remediation by capping with best possible precautions would be the best option, which was accepted by one and all. But just when the Curca residents thought that the government would bring an end to their garbage woes by capping the Curca garbage site latest by March 31, 2008, the state government has sprung up a new surprise.
But hasn't the decision come a wee-bit too late? "We came to this conclusion on the basis of a report submitted to us by an expert Dr Mahale," added Singh.
Joaquim at sea?
Surprisingly, Urban Development Minister Joaquim Alemao stated that he is not aware of the change in the plans. "I am not aware of this development", he said.
Even the officials at GSUDA are surprised with the sudden government decision.
"The High Court had asked CCP to cap and close the solid waste accumulated at the site. On CCP's request, the state government entrusted the work to GSUDA. But when we were about to issue a work order to cap the site, government asked us not to go ahead with the capping", informed Daulat Hawaldar, Member Secretary, GSUDA.
In the past, with the CCP failing to take the "Cradle to Grave" precautions of solid waste, the Curca garbage site had become prone to spontaneous local fire due to combustible part that also generated odour due to organic part and created water pollution due to run-off from rains, causing problems for people in the downstream and down gradient habitations in Curca.
Forced by circumstances and an indifferent state government, the Curca-Bambolim-Telaulim panchayat approached the High Court praying that the CCP be directed to remove and dispose the accumulated garbage (approximately 1.75 lakh metric tonnes) in a time-bound manner. This move forced the government to get its act together and they recommended capping and closing of the site.
But now with the government coming up with another plan, it may just be another long wait for the Curca residents!
How the capping was planned
According to the plan, garbage was to be leveled into a rectangular patch and compacted before a 45 cm thick layer of granular soil and another 60 cm thick layer of clay was placed on it. Then it was planned to cap the area, spread over 14,820 square metres, with a 30 cm thick layer of vegetative soil, with grass planted for holding the soil in place and in an effort to curtail the seepage of rainwater into the ground. Further, to minimize the possibility of leachate penetrating the water table, two bore wells were planned to be drilled below the depth of 10 metres for the purpose of pumping out leachate and treating it through a physico-chemical process. It was also decided to keep a daily watch on contents and document quantity, if it was pumped to the collection tank of physico-chemical treatment.
Tuesday, November 20, 2007
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.
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.
Suicides in Goa
PANJIM: Stress and family woes have not only sapped some people's will to live, but has led to suicide in a moment of weakness. An annual tabulation of data available from the Goa police reveals that the incidents of suicides amongst divorcees and those having family problems have witnessed a dramatic increase in the last 5 years.
This year, in just 6 months, 27 persons have committed suicide due to family problems. In 2006, 45 persons had committed suicide, which was an increase of 15 cases of suicide due to family problems. With the incidents of divorce on the raise, the number of suicide deaths due to divorce, which till 2005 was an unheard of, is on rise. In 2006, there were 3 divorce related suicide, which shot up to 5, within 6 months this year. Even failure in love, has led to suicide, though the number has declines to 8 this year, as compared to 24 in 2004.
These findings again underscore the need to have timely and effective family counseling programs for estranged couples. "The family counselors are there, but the culture of counseling, wherein a persons open up their feeing before the counselor is not there. There has to be more counseling centers with qualified marriage counselors to help an estranged couple," said Auda Veigas of Bailancho Ekvott.
But insanity, mental illness and depression due to other prolonged illness, still remains a single major cause for suicides in the state. While 27 committed suicides due to the above reasons from January to July 2007, the number was much higher in 2006 at 73. If unemployment has also led to suicide, what with 6 committing suicide this year, then bankruptcy or sudden change in economic status has forced people to take the "ultimate" step-suicide. In 2007, 5 committed suicide due to bankruptcy.
Experts believe that in an individualistic "winners take it all society", the losers are more likely to kill, if they don't have the will and strength to cope up with their woes, as it creates a sense helplessness and hopelessness. "Poor coping skills leads to an inability to deal with the problem and then they land in a situation of frustration and become desperate," opined Dr Rajesh Dhume, Senior Psychiatrist of the DHS, Asilo Hospital.
But he made it clear that there can't be reason for every suicide, as a person may commit suicide during their never had it so good days. "Many suicides are impulsive and they have no history of depression or mental illness," he added.
DIG Ujjwal Mishra candidly admitted that there is very little they can stop suicides. However, he admits that the Goa police is working to ensure that a person in distress gets counseling on time. "We thinking of strengthening 100 and also providing a toll-free number that is manned by a counselor, who can counsel anyone who calls for help," added Mishra.
(An earlier version of the article published in Gomantak Times, Panaji, Goa)
This year, in just 6 months, 27 persons have committed suicide due to family problems. In 2006, 45 persons had committed suicide, which was an increase of 15 cases of suicide due to family problems. With the incidents of divorce on the raise, the number of suicide deaths due to divorce, which till 2005 was an unheard of, is on rise. In 2006, there were 3 divorce related suicide, which shot up to 5, within 6 months this year. Even failure in love, has led to suicide, though the number has declines to 8 this year, as compared to 24 in 2004.
These findings again underscore the need to have timely and effective family counseling programs for estranged couples. "The family counselors are there, but the culture of counseling, wherein a persons open up their feeing before the counselor is not there. There has to be more counseling centers with qualified marriage counselors to help an estranged couple," said Auda Veigas of Bailancho Ekvott.
But insanity, mental illness and depression due to other prolonged illness, still remains a single major cause for suicides in the state. While 27 committed suicides due to the above reasons from January to July 2007, the number was much higher in 2006 at 73. If unemployment has also led to suicide, what with 6 committing suicide this year, then bankruptcy or sudden change in economic status has forced people to take the "ultimate" step-suicide. In 2007, 5 committed suicide due to bankruptcy.
Experts believe that in an individualistic "winners take it all society", the losers are more likely to kill, if they don't have the will and strength to cope up with their woes, as it creates a sense helplessness and hopelessness. "Poor coping skills leads to an inability to deal with the problem and then they land in a situation of frustration and become desperate," opined Dr Rajesh Dhume, Senior Psychiatrist of the DHS, Asilo Hospital.
But he made it clear that there can't be reason for every suicide, as a person may commit suicide during their never had it so good days. "Many suicides are impulsive and they have no history of depression or mental illness," he added.
DIG Ujjwal Mishra candidly admitted that there is very little they can stop suicides. However, he admits that the Goa police is working to ensure that a person in distress gets counseling on time. "We thinking of strengthening 100 and also providing a toll-free number that is manned by a counselor, who can counsel anyone who calls for help," added Mishra.
(An earlier version of the article published in Gomantak Times, Panaji, Goa)
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