PANJIM: The Goa Human Rights Commission (GHRC) has asked a retired government primary school (GPS) teacher to reapply to the Directorate of Education for refund of over Rs 3.28 lakh within seven days and the Directorate of Education to forthwith decide the application within three weeks thereafter.
The Commission found that recovery of employees belonging to Class-III was impermissible in law.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
Durga Borkar, a government primary teacher residing at Bordem-Bichoilim retired on July 31, 2021 had complained that at the time of payment of her retirement benefits, Rs 3,28,554 was deducted from her gratuity amount. She worked for 37 years as government primary teacher from March 1984 to July 2021.
The Commission found that the complainant was a Class-III employee and as per the judgment of the Supreme Court (supra), the recovery of employees belonging to Class-III is impermissible in law.
After hearing the complainant and the respondent, the two-member commission comprising acting chairperson Judge Desmond D’Costa and Judge Pramod Kamat referred to the judgment of the State of Punjab and Others v/s Rafiq Masih (White Washer) and others where the court had arrived at the conclusion, that “Recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover.”
The Commission stated that the copy of the inquiry report be sent to the Directorate of Education calling for their comments, including the action taken or proposed to be taken within a period of 30 days i.e. or on or before December 29, 2023, in terms of Section 18 (e) of the Protection of Human Rights Act, 1993.
