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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J.
Vinson M. Paul S/o. Late M.M. Paul – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The petitioner, who retired as the State Chief Information Commissioner, has filed the captioned writ petition seeking to challenge Exts.P14 and P17 communications of the 2nd respondent, by which he is denied the post-retirement benefits claimed by him.
2. The petitioner, a member of Indian Police Service, retired on 22.11.2015. He was appointed as the State Chief Information Commissioner as evidenced by Ext.P1 notification dated 28.04.2016. He demitted the office on 22.11.2020 on attaining the age of 65 years. In connection with his retirement, the 2nd respondent was requested to determine the post-retirement benefits through Ext.P13 communication of the Secretary to the State Information Commission, Kerala. By Ext.P14, the 2nd respondent informed that the Government is not in a position to consider “the Chief Information Commissioners at par with retired Supreme Court Judges and the retired Election Commissioners”. It is further found that such benefits could not be extended to one class of officers, that the Central Government admitted the Election Commission of India and Central/State Information Commission are different, etc. Therefore, the retirement benefits sought
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....
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 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....
Retired State Information Commissioners are entitled to medical facilities under the Central Government Health Scheme as per Rule 18 of the Rules 2019, without restrictions on post-retirement benefit....
The central legal point established in the judgment is the petitioner's right to timely pension and retirement benefits, and the State Government's obligation to ensure prompt payment of retirement d....
It is settled proposition of law that provisions are required to be read as they exist.
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 is a property right protected under Article 300-A of the Constitution; unauthorized withholding is unlawful and must be redressed by authorities.
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