Case Note & Summary
The petitioner, Dr. Mohammad Modassir, a pensioner and former State Election Commissioner of Goa, filed a writ petition seeking payment of retirement gratuity. He was relieved from government service on 14 January 2011 to take over as State Election Commissioner and retired from that office on 31 March 2017. The dispute centered on the calculation of gratuity under the proviso to Rule 12 of the Goa Panchayat Raj (Conditions of Service of State Election Commissioner) Rules, 1997, read with the Central Civil Services (Revised Pay) Rules, 2016 (VIIth Pay Commission) as adopted by the State Government. The petitioner claimed that the total gratuity payable was approximately Rs.32 lakh, but restricted his claim to the VIIth Pay Commission ceiling of Rs.20 lakh. An amount of Rs.9,76,280 had already been paid, leaving a balance of Rs.10,23,720. The respondents argued that the pension payable was that which the petitioner was entitled to as on 14 January 2011, not based on the revised pay rules. The court, after hearing both sides, held that the petitioner was entitled to the balance gratuity amount. It directed the respondents to pay Rs.10,23,720 with interest at 6% per annum from the date of retirement (31 March 2017) till the date of payment, within four weeks. The petition was disposed of accordingly.
Headnote
A) Service Law - Retirement Gratuity - Calculation under Rule 12 proviso - Petitioner, a former State Election Commissioner, claimed gratuity based on VIIth Pay Commission ceiling of Rs.20 lakh - Court held that the petitioner is entitled to the balance amount of Rs.10,23,720 after deducting already paid Rs.9,76,280, with interest at 6% per annum from the date of retirement till payment (Paras 3-6).
Issue of Consideration
Whether the petitioner is entitled to payment of balance retirement gratuity of Rs.10,23,720 with interest, based on the proviso to Rule 12 of the Goa Panchayat Raj (Conditions of Service of State Election Commissioner) Rules, 1997 and the VIIth Pay Commission recommendations as adopted by the State Government.
Final Decision
The court directed the respondents to pay the petitioner the balance gratuity amount of Rs.10,23,720 with interest at 6% per annum from the date of retirement (31 March 2017) till the date of payment, within four weeks. The petition was disposed of.
Law Points
- Retirement gratuity calculation under proviso to Rule 12 of Goa Panchayat Raj (Conditions of Service of State Election Commissioner) Rules
- 1997
- Central Civil Services (Revised Pay) Rules
- 2016 (VIIth Pay Commission)
- ceiling of Rs.20 lakh
- interest for delayed payment
