This is one of the strange cases wherein the holder of a Portuguese Passport who migrated overseas with the help of his dual citizenship to take up the private employment has filed a case against the Kala Academy in the High court for the Pensionary benefits, meanwhile the high court has asked the state to submit the reply in this matter.
According to the reports, the high court of Bombay at Goa has issued notices to the state government on a plea filed by a Portuguese passport holder seeking pensionary benefits after he superannuated from service from Kala Academy in 2016. Chief Justice Pradeep Nandrajog and Justice Mahesh Sonak directed the advocate general to file a counter affidavit in the matter within six weeks.
Advocate Nihal P Kamat, who represented the 64 year old petitioner, submitted before the court that the petitioner who was appointed as an electrician-cum-light operator was granted permission in 1995 from the director (administration) of Kala Academy to obtain a Portuguese passport.
On May 26, 1995 the director of administration sent a letter to the passport officer stating that Kala Academy has no objection if he was issued a Portuguese passport.
Based on a January 31, 2000 notification, the petitioner sought permission for private employment in 2001. He was sanctioned extraordinary leave without pay. He worked at Swindon in the UK at various private firms.
In 2007, he was informed via telegram that the extraordinary leave sanctioned would expire after four months. He then returned and served till his superannuation.
Kamat told the court that the petitioner is a citizen of India by birth and added that Kala Academy didn’t raise a single objection when he requested permission to apply for a Portuguese passport and go abroad for private employment.
The petitioner stated that 11 days before his retirement he received a letter from the deputy director of accounts and administration and vigilance officer of the directorate of art and culture informing him that they were in receipt of a letter from Kala Academy regarding his holding of Portuguese passport in Goa.
The petitioner was instructed to remain present in the chamber of the deputy director of accounts and administration and vigilance officer and submit his comments in writing along with documentary evidence.