SHIVDAS VITHU PEDNEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India seeks to quash and set aside the Memorandum dtd. 24/3/2021 issued by respondent No.4 denying the petitioner pensionary benefits consequent to imposing penalty of compulsory retirement and forfeiting past service. It is prayed that respondents be directed to grant pensionary benefits in accordance with Rule 40 of the CCS (Pension) Rules, 1972 to the petitioner.

(2.) The facts of the case in brief are as follows:

(3.) Respondent No.4 -Under Secretary (GA-II), General Administration Department -II, Secretariat, Porvorim Goa, forwarded necessary documents to the Director of Accounts, Pension Sec. for the grant of gratuity/pension to the petitioner. The petitioner was informed that he is not entitled to any pensionary benefits due to the imposition of the penalty of compulsory retirement and forfeiture of past service. An appeal was filed before respondent No.1 -Chief Secretary, State of Goa, against the decision taken by the competent authorities denying pensionary benefits to the petitioner. The appeal preferred by the petitioner came to be rejected by order dtd. 14/12/2021.