CIC appointed prior to RTI Act amendment of 2019 entitled to pensionary benefits equivalent to that of retired Supreme Court judge, rules Kerala high court

Kochi: High court has directed the state govt to grant former state chief information commissioner (SCIC) Vinson M Paul, pension benefits equivalent to those of a retired Supreme Court judge or Election Commissioner.

The order was issued by a bench of Justice Harishankar V Menon on a petition filed by Paul challenging the state's decision denying him pensionary benefits on par with a retired Supreme Court judge or an Election Commissioner. The bench also quashed the communication issued by general administration department principal secretary and the govt order dated May 29, 2014, which had fixed the service and pension benefits for state information commissioners.

Paul, a retired IPS officer who was appointed as SCIC in 2016 and demitted office in 2020 upon attaining the age of 65 years, claimed pensionary benefits in accordance with Section 16 of the Right to Information Act, 2005. He contended that these benefits should be equivalent to those of a retired Supreme Court judge or an Election Commissioner. The govt responded that it was not in a position to consider his claim, stating that he was only entitled to the benefits specified in the 2014 govt order. It also pointed out that the RTI Act was amended in 2019, and as per the amendment, the salaries, allowances and other terms and conditions of service of the state chief information commissioner and state information commissioners shall be prescribed by the central govt.

Upon reviewing the records, the single bench observed that although the RTI Act was amended in 2019, it explicitly stated that appointments made before the amendment would not be affected. HC further held that the 2014 govt order relating to the service and benefits of state information commissioners must be set aside, as it seeks to depart from the statutory provisions. The court emphasised that no govt order, notification, or circular can substitute statutory rules framed under the authority of law.