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2017 Supreme(Bom) 1825
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANOOP V.MOHTA, MANISH PITALE, JJ.
Shri Babulal Fakira Vasaikar - Petitioner
Vs.
State of Maharashtra & Ors. - Respondents
WRIT PETITION NO. 4184 OF 2004 WITH CIVIL APPLICATION NO. 388 OF 2017 IN WRIT PETITION NO. 4184 OF 2004
Decided On : 15-11-2017
Advocate Appeared:
For the Petitioner:Mr. R.V. Desai, Senior Advocate a/w R.B. Pardeshi i/b K.R.P. Legal
For the Respondents: Ms. Jyoti Jadhav, A.G.P., Mr. Sharique Nachan i/b Judicare Law Asso., Mr. R. Jain i/b Rui A. Rodriques
The main legal point established in the judgment is that retirement benefits are the property of the individual as contemplated under Article 300A of the Constitution of India, and cannot be deprived without authority of law.
Headnote:
Retirement Benefits - Maharashtra Universities Act - Rules 140, 146, 26, 27 of Maharashtra Civil Services Pension Rules 1982 - Article 300A of the Constitution of India
Fact of the Case:
The petitioner, a retired educator, sought his full retirement benefits which were withheld by the respondents. The court found that there was no valid reason to withhold the benefits and directed the respondents to release the full retirement benefits with interest.
Finding of the Court:
The court found that the petitioner was entitled to his retirement benefits from the date of his retirement and that the withholding of benefits was unjust and illegal.
Issues: The main issue was the withholding of the petitioner's retirement benefits by the respondents.
Ratio Decidendi: The court held that the petitioner was entitled to his retirement benefits as per the relevant rules and constitutional provisions, and that there was no valid justification for withholding the benefits.
Final Decision: The writ petition was allowed, and the court declared that the petitioner was entitled to his retirement benefits from the date of his retirement, with interest. The respondents were directed to pay the balance amount with interest and the petitioner was awarded costs.
ANOOP V. MOHTA, J.
1. Heard the learned senior Advocate for the Petitioner and Advocates appearing for respective Respondents.
2. The Respondents concerned have withheld the retirement benefits of the Petitioner on unsustainable reasons, therefore, the present Writ Petition.
3. This Court on 29.07.2004, while admitting the Petition, directed the Respondents to release the part pension with Dearness Allowance, on regular basis. The Petitioner has been getting this part amount, but not the full pension/retirement benefits in accordance with law. The Petitioner, who had served 33 years and 11 months in the various institutions run by Respondent Nos.4 and 6 – Management and retired on 31.05.2002, is still awaiting his full retirement benefits. It is settled that the retirement benefits are not bounty. It is the property, as contemplated under Article 300A of the Constitution of India. Therefore, there is no question of depriving a person of such retirement benefits/property, unless provided and/or prescribed in rules in any law.
4 Background of the matter is crystallized:-
The Petitioner served as the Head Master in New English School, Sonale, Taluka Wada, District Thane, under the Management of Respondent No.4 since 15.6.1967 till 28.03.1973. During the above period, he also served from 17.6.1968 to 18.12.1968 as Assistant Teacher in the New English School, Bhiwandi, District Thane and also in Ambishte High School. For the period from 29.3.1973 to 14.6.1973, he worked as Extension Officer in the Education Department of Zilla Parishad, Thane. Thereafter, from 15.6.1973 to 18.7.1975, the Petitioner worked as Head Master in Ambishte High School, Ambishte, Taluka Wada, District Thane. On 19.7.1975, the Petitioner was appointed as a Lecturer in B.N.N. College-Respondent No.6 and worked till 8.10.1992. He was appointed as the Vice-Principal on 9.10.1992 and worked till 14.3.1995. From 15.3.1995 till 14.3.2002, the Petitioner worked as Principal of the B.N.N. College, Bhivandi, District Thane. Upon request, the Petitioner posted as a Lecturer from 15.3.2002 to 31.5.2002, in B.N.N. College, Bhiwandi, District Thane. On 31.5.2002 the Petitioner was retired.
5. On 5.6.2002, Respondent No.6 sent the complete pension file of the Petitioner to the Joint Director-Respondent No.3 on his superannuation and requested to forward the same to the Accountant General, for necessary action. On 3.7.2002, the Petitioner, by letter, requested to the in-charge Principal of Respondent No.6 to give him all the retirement benefits including pension, gratuity, leave benefits and provident fund immediately as he has completed all the formalities and served about 35 years, as he has no other source of income. On 4.7.2002, a Secretary of Padmshri Annasaheb Jadhav Bharatiya Samaj Unnati Mandal wrote a letter to the In-charge Principal and requested to take an action for all the pensionary benefits of the Petitioner. By letter dated 20.9.2002, the Petitioner requested Respondent No.3 to take necessary action for his pensionary benefits, since he has no source of livelihood. On 20.1.2003, Respondent No. 6 also requested the Joint Director to release all the pensionary benefits to the Petitioner. The Petitioner, on 3.2.2003 submitted a detailed representation and requested to release him all the retirement benefits, since he has no source of income. Respondent No.4 also made similar representations on 13.3.2003, 24.4.2003 and 12.3.2003, to the Education Minister and the Joint Director. The Petitioner, again on 19.9.2003, made representation to Respondent No.3 to release his pension and retirement benefits, so also on 2.10.2003. However, no reply was received to the Petitioner from Respondent No.3. The Petitioner also personally visited and met the authorities on number of occasions but invain.
6. On 9.1.2004, the Joint Director, Higher Education, informed the Petitioner that he is granted the pension from 6.6.2002 to 30.11.2002 as a provisional pension along with
