Case Note & Summary
The petitioner, an advocate since 1979, was appointed as President of the Goa Administrative Tribunal on 24.10.2001. His appointment was challenged in Writ Petition No. 315/2001 on the ground that the State did not consult the High Court before appointment. The High Court set aside the appointment on 19.9.2002. Thereafter, the Government referred the proposal to the Chief Justice who granted permission, and the petitioner continued to serve. Upon retirement, the petitioner sought release of retirement dues including pension and gratuity. The respondents refused, citing the invalid appointment. The court considered whether the petitioner is entitled to retirement benefits despite the invalid appointment. The court held that the petitioner had actually rendered service and is entitled to benefits for that period. The court directed the respondents to release pension and gratuity with 8% interest from the date of retirement.
Headnote
A) Service Law - Retirement Benefits - Entitlement Despite Invalid Appointment - Pension and Gratuity - The petitioner, appointed as President of Goa Administrative Tribunal, had his appointment set aside due to lack of consultation with the High Court. However, he had rendered service for a period. The court held that the petitioner is entitled to retirement benefits for the period he actually served, as the benefits are not dependent on the validity of appointment but on actual service rendered. The respondents were directed to release pension and gratuity with 8% interest from the date of retirement. (Paras 1-10)
Issue of Consideration
Whether the petitioner is entitled to retirement benefits including pension and gratuity despite his appointment as President of Administrative Tribunal being set aside.
Final Decision
The court directed the respondents to release pension and gratuity to the petitioner with 8% interest from the date of retirement.
Law Points
- Retirement benefits cannot be withheld due to invalid appointment
- Pension and gratuity are statutory rights
- Interest at 8% for delayed payment
