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M. S. KARNIK, VALMIKI MENEZES
Prashant S. P. Tendolkar – Appellant
Versus
State of Goa, Through the Chief Secretary, Secretariat – Respondent
JUDGMENT :
M.S. Karnik, J.
1. The petitioner herein invokes the jurisdiction of this Court under Article 226 of the Constitution of India seeking the following reliefs:
(b) For an appropriate Writ, order or direction of this Hon'ble Court directing the Respondents to finalize/Fix the Petitioner's pension and submit the required papers to the Directorate of Accounts for payments, within such period as may be fixed by this Hon'ble Court;
(c) For an appropriate Writ, order or direction of this Hon'ble Court directing the Respondents to order the payment of the entire amount towards Gratuity and the Leave Encashment amount, alongwith interest thereon @ 12% p.a. from 11/2/2020 till the same is fully and finally paid;
(d) For an appropriate Writ, order or direction of this Hon'ble Court directing the Respondents to order the reimbursement of the payment towards domestic help as per the N
The court established that 'other terms and conditions of service' includes pensionary benefits, affirming the petitioner's entitlement under the relevant statutes.
Pension eligibility under the RTI Act requires prior pensionable service; State Information Commissioners are not entitled to superannuation pension as per the Act's provisions.
The judgment establishes the principle of 'occupied field' in the context of pension entitlement, emphasizing that existing rules govern entitlement and that the State Government's policy decisions a....
Family pension is included in the definition of pension under the Judges Act, entitling the spouse of a retired Chairperson to claim it.
Minimum qualifying service of ten years is necessary for pension eligibility, and previous judgments establishing non-eligibility cannot be relitigated, even with changes in rules.
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
The main legal point established in the judgment is that entitlement to notional service for calculating pensionable service is determined by the specific provisions of the relevant pension rules, an....
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