Bombay High Court
JOAQUIM GABRIEL RODRIGUESversusTHE STATE OF GOA THR THE CHIEF SECRETARY AND 3 ORS
- Disposal
- Rule made absolute
Holding
The Court held that the petitioner is entitled to the due benefits with 6% interest and directed an inquiry to hold responsible officials accountable.
Summary
The petitioner, a retired government employee, filed a writ petition alleging non‑payment of his pensionary benefits, death‑cum‑retirement gratuity and other terminal dues after superannuation. The Director of Panchayats admitted that Rs. 13,74,978 were due to the petitioner, but the amounts had not been released. The Court noted that, under Supreme Court precedents, interest must be paid on delayed statutory benefits and directed that the pending dues be paid with 6% interest within two weeks. The Court also ordered the Director of Panchayats to conduct an inquiry to identify officials responsible for the delay and to recover the interest from them, with a report due by 31‑12‑2026. The petition was consequently disposed.
Issues considered
- Whether the petitioner is entitled to the claimed pensionary, gratuity and terminal benefits upon superannuation.
- Whether interest is payable on delayed payment of statutory pension and gratuity benefits.
- Whether the government officials responsible for the delay can be held liable for the interest.
Subjects
- pension
- gratuity
- terminal benefits
- interest on delayed payment
- government order
- administrative delay
- service book
- superannuation
Judgment
2026:BHC-GOA:1931-DB (22) WP 347.2026
Sonam
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 347 OF 2026
Joaquim Gabriel Rodrigues,
Aged about 62 years,
Occupation Retired,
R/o H. No. 456. Bandol,
Curtorim, Salcete, Goa, 403709. … Petitioner
Versus
1. The State of Goa
Through the Chief Secretary,
Having office at Secretariat,
Porvorim, Bardez, Goa.
2. The Director of Panchayats,
Government of Goa,
5th Floor, Myles High Corporate
Hib, Patto, Panaji, Goa.
3. Deputy Director of Accounts
Pension Section (PA-I),
Government of Goa,
“Kautilya” Lekha Bhavan
Penha De Franca,
Alto Porvorim, Bardez, Goa.
4. Block Development Officer-I and II,
Government of Goa,
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(22) WP 347.2026
Salcete, Margao, Goa. …Respondents
Mr. Hanumant D. Naik (through V.C.), Advocate for the
Petitioner.
Ms. Sulekha Kamat, Additional Government Advocate for
Respondent Nos. 1 to 4.
CORAM : VALMIKI MENEZES &
AMIT S. JAMSANDEKAR, JJ.
DATED : 28TH SEPTEMBER, 2026
ORAL JUDGMENT (per Valmiki Menezes, J.):
1. Heard learned Advocates for the parties.
2. Rule. Rule is made returnable forthwith; at the request
of and with the consent of learned Advocates for the parties,
the matter is finally heard and disposed of. Learned
Additional Government Advocate Ms. Sulekha Kamat
waives service on behalf of Respondent Nos. 1 to 4.
3. The petition challenges non-payment of the
pensionary benefits, gratuity and other terminal benefits
which the Petitioner would have earned on his
superannuation. Ms. Sulekha Kamat, learned Additional
Government Advocate on behalf of the Director of
Panchayats (DOP), has placed on record two orders both of
the same date i.e. 08.09.2026, whereby the DOP has taken a
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(22) WP 347.2026
decision, and the Government has granted an approval for
release of the withheld Death-Cum-Retirement Gratuity and
other benefits amounting to Rs. 13,74,978/-due to the
Petitioner. In other words, there is an admission by the DOP
that the amounts claimed in the petition were actually due
to him on attaining superannuation.
4. If this be so, the entire process of completing the
Service Book of the Petitioner for the purpose of
determining his gratuity and terminal benefits ought to have
been completed within a period of six months prior to his
superannuation. Considering that the Petitioner has still not
been paid the gratuity and terminal benefits, as also held by
the Hon’ble Supreme Court in D.D. Tewari (Dead) through
LRs. v/s. Uttar Haryana Bijli Vitran Nigam Ltd. & Ors. 1,
and S. K. Dua V/s State of Haryana & anr.2, interest on this
amount would have to be granted by the Department.
Needless to state, the interest shall be paid on the benefits
which are in order dated 05.09.2026, along with the interest
calculated at 6% on the delay reported. The benefits along
with the interest shall be paid by Respondent Nos. 2 and 4
within a period of two weeks from today.
1
(2014) 8 SCC 894
2
2008 (3) SCC 44
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(22) WP 347.2026
5. Considering that there is unexplained delay in paying
the aforementioned benefits, we direct the DOP to conduct
an enquiry into the matter and ascertain from the record, the
names of the persons responsible for the aforementioned
delay, and on pinning the responsibility on (such persons),
ensure recovery of the interest on the delayed payments
from such officers. The inquiry and recovery shall be
completed within three months from today. The Petitioner
shall assist the DOP by submitting a calculation sheet of the
delayed payments. The report to that effect shall be filed
before this Court by 31.12.2026.
6. Rule is made absolute in the above terms. The petition
stands disposed of.
AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J.
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