Back
SANJAY K. AGRAWAL
Anil Joshi, S/o. Shri Late V. P. Joshi – Appellant
Versus
State of Chhattisgarh, Through the Chief Secretary – Respondent
ORDER :
(Sanjay K. Agrawal, J.)
Question involved: -
1. The short question involved in this writ petition is, whether the petitioner, who was the State Information Commissioner appointed from amongst the members of Bar having completed the tenure of his periodic appointment on the post of State Information Commissioner, is entitled for superannuation pension under Section 16(5) of the Right to Information Act, 2005 (for short, ‘the RTI Act’) (unamended prior to 24-10-2019) equivalent to that of Chief Secretary of the State? This inquiry necessitates a deep understanding of the legal and constitutional principles governing pensions for State officials, particularly in light of the service conditions, responsibilities and objectives underlying the provision of pensions.
Relevant facts in brief: -
2. The aforesaid question of law arises in the following factual backdrop: -
2.1) The petitioner being a member of Bar was appointed by the State Government as State Information Commissioner (SIC), Chhattisgarh vide notification dated 6-9-2009 in exercise of the power under Section 15(3) of the RTI Act. He took oath on 22-9-2008 as SIC for a period of five years and completed his tenure on 22-9-2
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 court established that 'other terms and conditions of service' includes pensionary benefits, affirming the petitioner's entitlement under the relevant statutes.
The petitioner, a retired State Chief Information Commissioner, is entitled to retirement benefits equivalent to those of Election Commissioners as per the unamended provisions of the Right to Inform....
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.
The right to receive pension is a property under Article 31(1) of the Constitution, and pension and gratuity are earned benefits, not mere bounties. The Court emphasized the importance of socio-econo....
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.
An officiating principal with requisite qualifications and long service is entitled to pension benefits, regardless of the nature of their appointment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
