The Bombay High Court at Goa ruled in favor of Mr. Waingade, directing the authorities to recalculate his pension as per the rule that states fractions of a year exceeding three months must be rounded up to the next half year. This ensures that retirees like the petitioner are fairly compensated.

1. Petitioner:
   Mr. Sudesh Kumar Waingade, a 59-year-old resident of Panaji-Goa, approached the court seeking correct pension calculations based on his service duration.

2. Respondents:

   • Respondent 1: State of Goa, represented by the Chief Secretary.
   • Respondent 2: Director of Food & Drugs Administration, Goa.

3. Core Issue:
   The main issue was whether the petitioner’s service fraction exceeding three months should be counted as a half year for pension purposes, ensuring he receives accurate benefits upon retirement.

4. Petitioner's Claim:
   Mr. Waingade argued that his pension was calculated inaccurately, disregarding the rules on rounding up the service period, which resulted in lower retirement benefits.

5. Court Proceedings:
   The petition was heard by a division bench comprising Justices M.S. Karnik and Valmiki Menezes in the Bombay High Court at Goa.

6. Key Considerations:
   The court examined the relevant pension rules governing the calculation of qualifying service and how fractions of a year should be treated for the pension computation.

Ratio:

The judgment clarified that the Goa Government Pension Rules mandate that a service period of more than three months should be rounded to the next half year when determining pension eligibility. The court emphasized the importance of accurately interpreting pension rules to protect the interests of retirees.

Acts and Sections Discussed:

• Goa Government Pension Rules:
  The court discussed provisions relating to pension calculations, specifically those outlining the treatment of fractions of service years for determining qualifying service length and rounding off pensionable amounts.