State Information Commissioner Entitled To Same Salary, Allowances & Post-Retiral Benefits As Chief Secretary : Gauhati HC

A Division bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the State Information Commissioner is entitled to the same salaries, allowances, and post-retiral benefits as the Chief Secretary of the State. Further that these benefits cannot be denied on the ground of not having 10 years of qualifying service, if the individual is already drawing pension under Central Civil Services Rules. Background Facts The respondent was appointed as State Information Commissioner on 31.07.2015. He served till 31.12.2019. Before this, he was a member of the Indian Audit and Accounts Service. He retired as OSD in the office of the Principal Accountant General (A&E), Assam. Post retirement as State Information Commissioner, the respondent claimed post-retiral benefits equivalent to the Chief Secretary as per Section 16(5) of the RTI Act, 2005. Section 16(5) of the Right to Information Act, 2005 prior to its amendment in 2019, provides that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioner shall not be varied to their disadvantage after their appointment. Aggrieved, the respondent filed a petition. It was held by the single judge that the respondent, who retired as State Information Commissioner, was entitled to the benefits and allowances under Section 16 (5) of the Right to Information Act, 2005 (2005 Act) w.e.f. 01.01.2020. It was further directed that the respondent would be entitled to other additional benefits like additional pension, additional DCRG along with Telephone and Security Assistant. Aggrieved by the same, the State of Assam filed an appeal against the judgment dated 28.06.2024 passed by the learned Single Judge. It was contended by the appellant that the respondent did not have the qualifying 10 years of service to be entitled for additional pension, additional DCRG along with Telephone and Security Assistant, which are paid to the Chief Secretary of a State. It was also argued that in the case of Eken Riba & Others vs. State of Arunachal Pradesh & Others, it was held that the benefits attached to the rank of Chief Secretary cannot be automatically extended to a State Information Commissioner. On the other hand, it was submitted by the respondent that Section 16(5) of the RTI Act, 2005 creates a statutory right entitling the State Information Commissioner to receive the same salaries, allowances, and post-retiral benefits as the Chief Secretary. Findings of the Court It was observed by the court that since the respondent was appointed on 31.07.2015, the un-amended Section 16(5) of the 2005 Act would be applicable in his case. Section 16(5) of the 2005 Act indicates that the salaries and allowances of the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government. It was further observed by the court that such benefits are not only available to a person who has served as Chief Secretary or in the rank equivalent to Chief Secretary. By virtue of Section 16(5) of the 2005 Act, the State Information Commissioner would also be paid similar salary and post retiral benefits as that of Chief Secretary. It was further observed by the court that the respondent was a member of Union Civil Service, who superannuated as an OSD from the office of the Principal Accountant General, A&E. Since he was a member of Union Civil Service, he would be governed by the Central Civil Services Pension Rules, 1972. Under the 1972 Rules, in the case of a Government servant retiring in accordance with the provisions of these rules, he would be entitled to pension as provided under the Rules. It was held by the court that the Single Judge rightfully concluded that since the respondent is drawing pension after having superannuated from service under the Union Civil Service, there would be no requirement of further qualifying service of 10 years, which would be necessary for making the respondent eligible for the benefits of salaries and allowances equivalent to that of the Chief Secretary of the State Government. It was further held that in view of the provisions contained in Section 16(5) of the 2005 Act, and also the fact that the respondent has been receiving pension after retiring from his office as a member of Indian Audit Service, a person of the rank of Chief Secretary cannot be denied the additional post-retiral benefits only on the ground that he did not have 10 years of qualifying service. With the aforesaid observations, the appeal was dismissed. Case Name : State Of Assam And Ors. vs Pinuel BasumataryCitation: 2025 LiveLaw (Gau) 43 Case No. : WA/357/2024 Counsel for the Petitioner : D.K. Sarmah, Addl. Sr. Govt. Advocate, Assam Counsel for the Respondents : B.D. Das, Sr. Advocate, H.K. Sarma, AdvocateClick Here To...

State Information Commissioner Entitled To Same Salary, Allowances & Post-Retiral Benefits As Chief Secretary : Gauhati HC

Namdev Singh

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