JUDGMENT B.P. Singh, C.J.
1. We have heard learned Counsel for the parties.
2. The petitioner was a Driver, employed in the Works Division II (Roads) of the Government of Goa. On attaining the age of 58 years, he was superannuated from service with effect from 1.4.1994. His grievance is that the age of retirement, at the relevant time, was 60 years and not 58 years and that the respondents erred in law in relieving him on completion of 58 years. Reliance has been placed on some judgments of this Court, wherein it has been held that the age of retirement at the relevant time was 60 years and not 58 years. Counsel appearing for the State, also docs not dispute this factual position.
3. The question then is as to what relief may be granted to the petitioner. The petitioner was retired as early as in April, 1994, but he filed the instant Writ Petition only in August, 1999, i.e. more than five years later. Counsel for the State is therefore justified in submitting that the petitioner is not entitled to the payment of back wages, because had he moved this Court earlier, he may have been reinstated and would have had to work for earning his pay during the period in question.
4. Counsel for the petitioner also fairly submitted that he would be satisfied if the services of the petitioner is reckoned till the date he attained the age of 60 years and his service and pensionary benefits are calculated accordingly. The submission is fair and must be accepted.
5. This Writ Petition is therefore disposed of, with a direction to the respondents to treat the petitioner as if he was in service till he attained the age of 60 years and on that basis to compute the service and retirement benefits to which he may be entitled. It is made clear that the petitioner will not be entitled to the payment of wages for this additional period of two years i.e. from 58 years to 60 years but the petitioner shall be entitled to all pensionary benefits computed on the basis that he was in service till he attained the age of 60 years, and thus giving to him all service benefits except arrears of pay, as would have accrued to him in accordance with the rules in normal course.