Ex-SHRC head's plea for separate pension denied
Jodhpur, Sept. 22 -- The Rajasthan high court on Saturday dismissed the petition of justice Prakash Tatia, a former chief justice and ex-chairperson of the State Human Rights Commission, who sought pensionary benefits for his tenure at the Commission, arguing it was on par with that of a high court chief justice.
A division bench of justice Farjand Ali and justice Anuroop Singhi upheld the state government's decision to deny him a separate pension, stating that the rules did not create a right to a "dual pension" for successive constitutional posts. Justice Tatia, who retired as the chief justice of the Jharkhand high court, was already drawing a maximum pension of Rs.1.25 lakh per month for that service.
The bench interpreted the rule differently, emphasizing that its purpose was to ensure parity in the quantum of benefits, not to authorize multiple pension streams. The court placed heavy reliance on the second proviso to Rule 4, which allows for the deduction of a pre-existing pension from the salary of the chairperson, seeing it as a clear legislative intent to prevent "double-dipping."
It said that accepting the petitioner's argument would lead to a "fiscally imprudent outcome"....
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