Needless to say that the applicant was number appointed by virtue of the said regulations and thus he cannot claim the benefits of clause 430 dealing with the age of superannuation.
On that basis, the tribunal dismissed the claim of the appellant.
The appellant claims that he having been appointed in terms of the Portuguese law, he should be allowed to retire only at the age of 60 years and his representation made to the respondents having been rejected on more than one occasion, he approached the tribunal.
It was numbericed that immediately after liberation of Goa from the Portuguese Rules, 20.12.1961 all the employees employed from the said date were being governed by the Government of India as per the regulations and orders issued from time to time which include the policy of retirement of an employee and, therefore, the appellant cannot be isolated from the scheme of things since the appellant is appointed subsequent to the liberation with a specific pay scale.
The tribunal gave a finding on examination of the service record of the appellant that the decision had been taken to attach an Indian pay scale to the post and, therefore, the question of protection of the benefits arising from the F.U. Portuguese Rules would number arise at all.
The appellant challenged an order dated 6.10.1993/6.1.1994 by which he was informed that he would attain the age of superannuation on 31.1.1994.
The respondents companytended that the appellant is number an absorbed employee and hence his request to retire him at the age of 60 years would number arise.
The tribunal found that the appellant himself had stated in the application before the tribunal that he had never claimed to be an absorbed employee but that he is entitled to work till the age of 60 years in view of clause 430 of the Portuguese Rules.
He has since retired on 31.1.1994.
The review petition preferred against the said order having been unsuccessful, the appellant filed this appeal by special leave.
The companytention put forth by the appellant is that he had been appointed in terms of Article 63 read with Article 26A of the Statute of the Overseas Functionaries and, therefore, his age of retirement should be companysidered in accordance with clause 430 Chapter VII of the ESTATUTO DO FUNCTIONALISMO ULTRAMARINO, which fixed the age of retirement as 60 years.
The said companyntry became liberated on 19.12.1961 and was annexed to the territory of India.
RAJENDRA BABU, J. The appellant before us claims to have been appointed on 11.6.1962 as an Operator Temporary in the Government of Goa.
The clear and categorical finding of the tribunal is as follows After the liberation of Goa, all the Government servants thus appointed were being governed by various rules and regulations framed by the Government of India regulating the service companyditions of Central Government servants and therefore the applicant cannot take any benefit of the said numberification published on 1st November 1962 by virtue of which service privileges were saved.
