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R. D. DHANUKA, S. G. MEHARE
Ganesh S/o Kashinathrao Gulve – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
R. D. Dhanuka, J. - Rule. Rule is made returnable forthwith.
2. Mr. Yawalkar, learned A.G.P. for respondent nos.1 to 5 waives notice. Mr. Gunale, learned counsel for respondent no.6 waives notice.
3. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks Writ of Certiorari for quashing and setting aside the communication dated 19.06.2020 issued by the Under Secretary to the Government of Maharashtra in School Education & Sports Department, Mantralaya, Fort, Mumbai confirming, maintaining & upholding order dated 21.09.2018 by which monthly pension of the petitioner was withdrawn under the provisions of Maharashtra Civil Services (Pension) Rules, 1982 (hereinafter referred to as 'M.C.S. (Pension) Rules, 1982').
4. The petitioner also seeks Writ of Mandamus for an order and direction against respondent nos.1 to 5 to pay monthly regular pension to the petitioner for the services rendered by him as Assistant Teacher at Shantiniketan High School, Mulki Omberga, Tq. Ahmedpur, Dist. Latur.
5. The petitioner was appointed as Assistant Teacher at respondent no.6-School sometime in the year 1968. On 11.10.1993, when the petitioner was in service, the p
The duty of a teacher to impart education and moral values to students, and the seriousness of the petitioner's offences, justified the withdrawal of his pension under Rule 27 of the M.C.S. (Pension)....
A show cause notice is required to be given to a retired Government Servant convicted by a criminal court prior to taking a decision regarding his entitlement to pension.
Point of law: The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanentl....
The main legal point established is that the government has the right to withhold or withdraw a pension under Article 168 of the J&K Civil Service Regulation if a pensioner is convicted of serious cr....
Under Rule 8(2) of the Pension Rules, 1976, no notice or opportunity of hearing is required to withhold pension after a conviction, and the principles of natural justice are specifically excluded in ....
Pension benefits cannot be revoked without due process, and unrelated criminal convictions do not justify cessation of pension.
Pension withholding limited to 1/3rd upon conviction for serious crime under Rule 2.2(a) PCS Rules, pending appeal.
The judgment established that a government servant found guilty in a corruption case by the criminal court is not entitled to provisional pension during the pendency of the appeal, and the State is n....
Provisional pension cannot be granted to public servants convicted of serious crimes, as entitlement is contingent on the stay of conviction during pending appeals.
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