JOAQUIM GABRIEL RODRIGUES v. THE STATE OF GOA THR THE CHIEF SECRETARY AND 3 ORS
WP/347/2026 · 2026-09-28
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11737 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11737 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(22) WP 347.2026 28th September, 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,
2026:BHC-GOA:1931-DB
(22) WP 347.2026 28th September, 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
(22) WP 347.2026 28th September, 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
(22) WP 347.2026 28th September, 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.