Disposed

The All Goa Government Pensioners Association Rep. by Its President V.V. Vernekar and 2 Ors., v. State of Goa, through Its Chief Secretary.

Bombay HC22 Oct 2018WP/206/2011

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking directions for payment of pension arrears and interest from a prior judgment. The Court recorded that the State had settled dues for specific pensioners but clarified that rights for others not covered were not foreclosed.

What the court decided

AI extract

The All Goa Government Pensioners Association… — Pension and Retirement Benefits | Bombay HC (2018)

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 1 WP206-11dt.22.10.2018

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Amrut

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IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.206 OF 2011

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The All Goa Government
Pensioners Association & Ors. ….. Petitioners
 Versus
State of Goa,
…..
Through its Chief SecretaryRespondent

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Mr. J. P. Supekar, Advocate for the Petitioners.

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Ms. Priyanka Kamat, Additional Government Advocate for the
Respondent.

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Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ. Date : 22 October 2018.

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P.C.:

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This petition is filed by the all Goa Government
Pensioners Association seeking the following directions.

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“(A) This Hon'ble Court be pleased to issue appropriate
writ, order or directions to grant to the
pensioners/retirees the benefits awarded in the judgment
and order dated 15 October 2009 in Writ Petition
No.430/2003 forthwith;

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(B) This Hon'ble Court also be pleased to issue

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 2 WP206-11dt.22.10.2018

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directions to the Respondent to pay interest to the
beneficiaries of the judgment and order dated 15
October 2009 at such rate this Hon'ble Court deems fit
and proper upon the arrears from the date such amounts
became due until the date of actual payment of arrears;

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(C) This Hon'ble Court also be pleased to direct the
Chief Secretary, State of Goa to hold an inquiry into the
matter of delay/inaction in the matter of
implementation of the judgment and order dated 15
October 2009 in Writ Petition No.430/2003 and
thereafter initiate appropriate action against those found
responsible for the same.”

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2.Rule was issued on 17 October 2011 by speaking order
thus:

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“Mr. Kakodkar, learned Addl. Govt. Advocate appearing
for the respondent states that the State has challenged
the Judgment dated 15th October, 2009 passed in Writ
Petition No. 430 of 2003 by this Court, before the Apex
Court. The petitioners in the present petition despite
seeking directions against the respondent to pay arrears
of pension, are also seeking directions against the
respondent to pay interest over it.

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2.In view of the admitted position that Special Leave
Petition has been preferred in the Apex Court, we deem
it appropriate to issue rule in the matter. Hence Rule.
Mr. Kakodkar waives notice on behalf of the respondent.

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3. We are told that the Apex Court has not granted any
interim relief. Therefore, it is expected of the respondent
to comply with the Judgment passed by this Court by

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 3 WP206-11dt.22.10.2018

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paying arrears of pension to those persons who are
entitled to it expeditiously”

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3. When the petition came up for hearing, the learned
Additional Government Advocate on behalf of the State informed
that the proceedings in the Apex Court have been disposed of and
time was taken to place a communication on record. Today the
learned Additional Government Advocate has placed on record a
communication addressed by the Additional Secretary ( Fin. R&C)
to the Government Advocate dated 21 September 2018 which reads

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thus :

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“Sir,

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With reference to the above, I am enclosing
herewith a copy of the communication received from
Adv. Pratap Venugopal, Advocate on record for the State
of Goa, in the SLP (Civil) CC 19428 of 2010 alongwith
copy of the order of Hon'ble Supreme Court dated 15
April 2013, by which the SLP was disposed.

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2.Pursuant to this Office letter dated 18th September
2018, copy of which was endorsed to you, discussions
were held with the Director of Accounts. It has been
ascertained that subsequent to the issue of Circular
No.8/5/2003-Fin (R&C) dated 27 June 2011, cases of
those pensioners who ceased to be in service from 1
January 1996 to 31 December 2000 and eligible for
revision in their pension, which were referred to the
Directorate of Accounts have been cleared by the
Directorate and arrears of pension and other pensionary
dues in all such cases have since been settled.

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 4 WP206-11dt.22.10.2018

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3.This is for your kind information and records
please.”

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4. The learned counsel for the Petitioners states that inspite
of his efforts, he is not receiving instructions from the Petitioners as
regards the current status. We dispose of the petition by taking the
communication dated 21 September 2018 on record. We make it
clear that those pensioners who are not covered by the said
communication, their rights are not foreclosed by the disposal of this
petition.

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5. With the above clarification, the writ petition is disposed of.

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Prithviraj K. Chavan, J. N.M. Jamdar, J.

The All Goa Government Pensioners Association Rep. by Its President V.V. Vernekar and 2 Ors., v. State of Goa, through Its Chief Secretary.

Case brief

What is this about?

What the court decided

The All Goa Government Pensioners Association Rep. by Its President V.V. Vernekar and 2 Ors., v. State of Goa, through Its Chief Secretary.

Case brief

What is this about?

What the court decided

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