THE GOAN NETWORK
PANAJI
The Bombay High Court at Goa has directed the State government to pay the pending pension benefits to retired State Chief Information Commissioner (SCIC) Prashant Tendolkar within three months.
The order by Division Bench of Justice M S Karnik and Justice Valmiki Menezes comes in response to a writ petition filed by Tendolkar claiming he had not received the pension and gratuity he was entitled to after retiring on February 11, 2020. He also sought reimbursement for the cost of domestic help, citing a Supreme Court notification.
The Goa State Information Commission had informed Tendolkar that he was not eligible for a pension. However, the retired SCIC argued that, as per the amended Supreme Court Judges (Conditions of Service) Act, 1958, he was entitled to pension and gratuity.
During the hearing, Additional Government Advocate Maria Correia contended that Tendolkar was not entitled to these benefits, stating they only applied to retired Supreme Court judges due to their constitutional roles.
“The petitioner is not entitled to any pensionary benefits… it is to be granted on the basis of the contract of service or the statute that governs the service… The post-retirement benefits which are applicable to a retired Judge of the Supreme Court cannot be extended to the retired SCIC. The post-retirement benefits are made applicable to retired Judges of the Supreme Court in light of the esteemed constitutional position held by them,” she submitted.
The High Court bench however ruled that Tendolkar was indeed entitled to the benefits including gratuity. They noted that he had been receiving a pension while serving as the Additional President of the Goa State Administrative Tribunal, South District before he was appointed SCIC.
“We therefore have no hesitation in holding that the petitioner is entitled to pension in terms of Part III of the Supreme Court Judges (Conditions of Service) Act, 1958… He would thus be entitled to receive additional pensionary benefits in terms of the Supreme Court Judges (Conditions of Service) Act, 1958. The petitioner will also be entitled to gratuity in terms of Clause (b) of sub-section 2 of Section 6 of the Election Commissioner Act, 1991,” it stated.
The court advised Tendolkar to submit a comprehensive representation to the State Government for the reimbursement of domestic help expenses, to be considered by the concerned authorities on its merits and in accordance with the law.
The order directed the State to calculate the pensionary benefits and pay the arrears to Tendolkar within three months. The gratuity was also to be paid expeditiously, following legal provisions.
Tendolkar had admitted that he received his salary and allowances as prescribed under the Act of 1958.
