The Kerala High Court has ruled that former State Chief Information Commissioners (SCICs) appointed before the 2019 amendment to the Right to Information (RTI) Act are entitled to pensionary benefits equivalent to those of retired Supreme Court judges. This decision was made in the case of Vinson M. Paul, who served as SCIC from 2016 to 2020.

The State government had previously informed Paul that his pension would not be on par with that of a retired Supreme Court judge, citing differences between the Election Commission and the Information Commissions. However, the High Court found that the unamended Section 16(5) of the RTI Act, which governed Paul’s appointment, entitles him to the same pension benefits as a retired Supreme Court judge. The Court emphasized that the 2019 amendment does not affect the entitlements of those appointed before its enactment.

Justice Harisankar V. Menon, who delivered the judgment, clarified that the pensionary benefits of SCICs appointed before the amendment remain unchanged due to the transitional provisions in the RTI Act. Consequently, the Court quashed the State government’s letter denying Paul the equivalent pension benefits.

This ruling underscores the legal protections afforded to public officials appointed under the original RTI Act, ensuring their entitlements are preserved despite subsequent legislative changes.

Sources