22002244::BBHHCC--GGOOAA::11221177--DDBB WP-433-2021.DOC Suchitra IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.433/2021 SHRI PRASHANT S. P. TENDOLKAR, age 65 years, Retired Chief Information Commissioner, Goa State Information Commission, Panaji, Goa, and presently residing at A6, Raj Heritage, Shantinagar, Ponda, Goa.

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PETITIONER Versus (1) STATE OF GOA, hrough the Chief Secretary, Secretariat, Porvorim-Goa.

(2) SECRETARY FINANCE, State of Goa, Secretariat, Porvorim Goa.

(3) SECRETARY INFORMATION & PUBLICITY, State of Goa, Secretariat, Porvorim Goa.

(4) DIRECTOR, INFORMATION & PUBLICITY, Govt. of Goa Udhyog Bhavan, 3rd Floor, Near Azad Maidan, Panaji Goa. (5) SECRETARY, GOA STATE INFORMATION COMMISSION, 7th Floor, Kamat Towers, Patto, Panaji, Goa.

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RESPONDENTS Mr R. G. Ramani, Senior Advocate with Mr Vinayak Nevrekar, Advocate for the Petitioner.

Ms Maria Correia, Additional Government Advocate for the Respondents.

CORAM: M. S. KARNIK &

VALMIKI MENEZES, JJ.

Reserved on: 18^th JULY 2024 Pronounced on: 1^st AUGUST 2024 JUDGMENT: (Per M. S. Karnik, J.)

1. he petitioner herein invokes the jurisdiction of this Court under Article 226 of the Constitution of India seeking the following reliefs:

“a) For an appropriate Writ, order or direction of this Hon'ble Court directing the Respondents to efect the payment of the entire arrears of salary and allowances and related arrears as per the Amendment Act of 2018 alongwith interest thereon @ 12% p.a. from 1/4/2018 till the same is fully and inally paid;

b) For an appropriate Writ, order or direction of this Hon'ble Court directing the Respondents to inalize/Fix the Petitioner's pension and submit the required papers to the Directorate of Accounts for payments, within such period as may be ixed 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 inally 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 Notiication dated 24/11/2016 of the Hon'ble Supreme Court of India published in the Gazette of India (Extraordinary) dated 25/11/2016 notifying the Rules for providing domestic help to former Chief Justice of India and former Judges of the Supreme Court and as implemented by the Election Commission of India;”

2. Before we deal with the facts, it is necessary to refer to the observations of this Court in the order dated 20.03.2024. Mr Ramani, learned Senior Advocate for the petitioner admitted that the petitioner has been paid the entire arrears of the salary and allowances and the related arrears as per the Amendment Act, 2018. he relief now sought is for the interest due and payable on this amount for the delayed period. In so far as the prayer clause (c) is concerned, the petitioner has been paid the leave encashment amount on 20.11.2020. Interest for the delayed period is demanded. he petitioner then prayed for gratuity. he core issue in this petition is the dispute whether the petitioner is entitled to any pensionary beneit. he petitioner also prays, in the context of prayer clause (d), for the reimbursement of payment of domestic help in terms of the notiication dated 24.11.2016.

3. he facts in a nutshell are as follows.

4. he petitioner has been a practising advocate enrolled with the Bar Council of Maharashtra and Goa from 01.06.1982. Pursuant to the order of the Governor dated 11.12.2015, issued through the respondent no.4 – Director, Information and Publicity, Government of Goa and published in the Oicial Gazette of Government of Goa on 24.12.2015, the petitioner was appointed as the State Chief Information Commissioner (SCIC for short) for the Goa State Information Commission. he said appointment was made in terms of Section 15(3) of th