Goemkarponn Desk
PANAJI: The State government has been ordered by the Bombay High Court in Goa to provide retired State Chief Information Commissioner (SCIC) Prashant Tendolkar with his outstanding pension benefits within a three-month period.
In response to a writ suit brought by Tendolkar, who claimed he had not received the pension and gratuity he was entitled to after retiring on February 11, 2020, the Division Bench of Justices M S Karnik and Valmiki Menezes issued their order. Citing a Supreme Court notification, he also requested restitution for the cost of hiring domestic assistance.
Tendolkar had been told by the Goa State Information Commission that he was not qualified for a pension. The retired SCIC countered that he was entitled to pension and gratuity under the modified Supreme Court Judges (Conditions of Service) Act, 1958.
Extra Government Advocate Maria Correia argued during the hearing that Tendolkar was not eligible for these benefits because they were limited to retired Supreme Court judges because of their constitutional functions.
“There is no pension benefit entitlement for the petitioner. It must be awarded in accordance with the terms of the service agreement or the applicable statute. The retired SCIC is not eligible for the same post-retirement perks as a former Supreme Court judge. Because of their prestigious constitutional status, retiring Supreme Court judges are eligible for post-retirement benefits, she argued.
Nonetheless, the High Court bench decided that Tendolkar was legitimately entitled to the benefits, which included the gratuity. It was mentioned that prior to being named SCIC, he was getting a pension while holding the position of Additional President at the Goa State Administrative Tribunal, South District.
