PANJIM: The High Court on Thursday ordered the State government to calculate the pensionary benefits and pay the arrears to former State Chief Information Commissioner (SCIC) Prashant Tendolkar within a period of three months from the date of the order.
The Court stated that the gratuity amount be paid in accordance with the provisions of law expeditiously.
The petitioner in his writ petition had prayed for payment of the entire arrears of salary and allowances and related arrears as per the Amendment Act of 2018 along with interest thereon at 12 per cent per annum from April 1, 2018 till the same is fully and finally paid.
He had also sought payment of the entire amount towards gratuity and the leave encashment amount, along with interest from February 11, 2020, till the same was fully and finally paid. He had prayed for the reimbursement of payment of domestic help in terms of the notification dated November 24, 2016.
Senior Adv R G Ramani admitted that the petitioner had been paid the entire arrears of the salary and allowances and the related arrears as per the Amendment Act, 2018. He sought the interest due and payable on the amount for the delayed period. The petitioner was also paid the leave encashment amount on 20.11.2020 and had demanded interest for the delayed period.
Addl Govt Adv Maria Correia submitted that the petitioner was not entitled to any pensionary benefits.
Justices M S Karnik and Valmiki Menezes held that the petitioner was entitled to pension in terms of Part III of the SC Judges (Conditions of Service) Act, 1958. The petitioner had discharged duties as Addl President of Goa State Administrative Tribunal, South District and was in receipt of pension when he was appointed as SCIC. He would thus be entitled to receive additional pensionary benefit in terms of the SC Judges (Conditions of Service) Act, 1958 and also gratuity in terms of Clause (b) of sub-section 2 of Section 6 of the Election Commissioner Act, 1991.