G.R. No.

88979 February 7, 1992

Lydia O. Chua
Vs.
The Civil Service Commission, the National Irrigation
Administration and the Department of Budget and Management.
Facts:
In line with the policy of streamlining and trimming the bureaucracy,
R.A.6683 was enacted to provide for the early retirement and voluntary
separation of government employees affected due to reorganization,
those who may avail were regular, casual, temporary and emergency
employees, with rendered service minimum of two years.
Petitioner Lydia Chua was hired by the National Irrigation Administration
Authoruty (NIA) for over 15 years as a coterminous employee of 4
successive NIA projects. She availed of the above mentioned law only to
be denied as the CSC who deemed her unqualified, being a coterminous
employee. She was instead offered a severance of ½ monthly basic pay
for each year of service.
Issue:
Whether or not petitioner was entitled to avail of the early retirement
benefit as a coterminous employee.
Held:
It was stated that a coterminous employee is a non-career civil servant
like casual and emergency employees, because of that they are entitled
to the same benefits as long as they complied with the requirements of
the law, which in this case, was done by Linda Chua. On that note, the
court believes that the denial of petitioner’s application for early
retirement benefits by the NIA and CSC is unreasonable, unjustified and
oppressive due to the fact that she is entitled to the benefits of the same
law because she served the government not only for two (2) years which
is the minimum requirement under the law but for fifteen (15) years. In
four (4) governmental projects.
Wherefore, the petition is granted.