Case Note & Summary
The petitioner, Shri Prashant S. P. Tendolkar, a retired State Chief Information Commissioner (SCIC) of Goa, filed a writ petition under Article 226 of the Constitution seeking directions to the respondents (State of Goa and its officials) to pay arrears of salary and allowances with interest, finalize his pension, pay gratuity and leave encashment with interest, and reimburse payment for domestic help. The petitioner was appointed as SCIC on 11.12.2015 under Section 15(3) of the Right to Information Act, 2005 (RTI Act) and retired on 11.02.2020. His terms of service were governed by Section 16(5) of the RTI Act, which provides that salaries, allowances, and other terms and conditions of service of the SCIC shall be the same as those of an Election Commissioner, which in turn are linked to the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 (Act of 1958). The petitioner had already received salary and allowances as per the Act of 1958, including arrears under the Amendment Act of 2018, but was denied pension and gratuity by the respondents via communication dated 15.01.2020. The core legal issue was whether the phrase 'other terms and conditions of service' in Section 16(5) includes pensionary and other retiral benefits. The petitioner argued that since the Act of 1958 provides for pension to Supreme Court judges, the same should apply to SCICs. The respondents contended that pensionary benefits are not included, relying on the Jharkhand High Court decision in Shristidhar Mahato v. State of Jharkhand and the absence of express mention of pension in the RTI Act, unlike the Goa Lokayukta Act, 2011 which explicitly provides for pension. The court analyzed Section 16(5) and held that the phrase 'other terms and conditions of service' is qualified by 'salaries and allowances' and does not extend to post-retiral benefits. The court noted that the 2019 amendment to the RTI Act did not alter this position. It distinguished the Goa Lokayukta Act, which expressly mentions pension, indicating legislative intent to exclude pension for SCICs. The court also rejected the claim for domestic help reimbursement, as the notification relied upon applied only to former Supreme Court judges and Election Commissioners, not to SCICs. Consequently, the petition was dismissed, with no order as to costs.
Headnote
A) Right to Information Act, 2005 - Section 16(5) - Interpretation - Pensionary Benefits - The phrase 'other terms and conditions of service' in Section 16(5) of the RTI Act is qualified by 'salaries and allowances' and does not include pension or other retiral benefits. The court held that pensionary benefits cannot be granted de hors the statute or contract of service, and the legislature did not intend to extend such benefits to State Chief Information Commissioners. (Paras 8-9, 12-13) B) Right to Information Act, 2005 - Section 16(5) - Comparison with Goa Lokayukta Act, 2011 - The Goa Lokayukta Act expressly mentions pension, whereas the RTI Act does not, indicating legislative intent to exclude pension for State Chief Information Commissioners. (Para 9) C) Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 - Part III - Applicability to State Chief Information Commissioners - Even if Part III applies, the petitioner would only be entitled to additional pensionary benefits under clause (b) of sub-clause 2 of Part III, not full pension. (Para 9) D) Right to Information Act, 2005 - Section 16(5) - Domestic Help Reimbursement - The notification regarding domestic help for former Supreme Court judges and Election Commissioners does not apply to State Chief Information Commissioners as there is no enabling provision under the RTI Act. (Para 14)
Issue of Consideration
Whether a State Chief Information Commissioner is entitled to pension and other retiral benefits under Section 16(5) of the Right to Information Act, 2005 read with the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Interpretation of Section 16(5) of the Right to Information Act
- 2005
- Pensionary benefits not included in 'other terms and conditions of service'
- Distinction between salary/allowances and retiral benefits
- Reference to Election Commission Act and Supreme Court Judges Act
