G. S. PATEL, NEELA GOKHALE
Anala Pandit – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Neela Gokhale, J. - Rule. The contesting Respondents No.1 and 2 have filed an Affidavit in Reply. By consent, Rule made returnable forthwith.
2. At the end of her career, the Petitioner is forced by her own employer, the State Government, to run from pillar to post for what is rightfully hers. The government puts her through the wringer. It traps her in a maze of legal proceedings. And it does this to deny the Petitioner her legitimate retiral benefits. In acting as it does, the State Government blithely ignores precedent after binding precedent - to all of which the State is itself a party. We refuse to countenance this conduct.
3. The Petitioner is qualified as M.Sc. (Physics) with specialization in Electronics, M.Sc. Electrical Engineering from University of Louisville, Kentucky, USA. She has completed her Doctorate in 2014 also from the same University. The Mumbai University has recognized the qualifications of the Petitioner obtained from University of Louisville as equivalent to that of Mumbai University. The Respondents No.1 and 2 are Departments of Higher and Technical Education of the State. The 3rd Respondent is the Mumbai University, and the 4th Respondent is the I
The main legal point established in the judgment is the determination of continuous service for pension benefits and the applicability of the Old Pension Scheme or the New DCPS based on the date of c....
The liability to pay the pension and other benefits payable under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 would be that of the State Government and not the University o....
The central legal point established in the judgment is the importance of liberal construction of pensionary provisions as a social welfare measure, emphasizing the entitlement of government servants ....
A government servant's continuous service, including temporary appointments and condoned breaks, qualifies for pension benefits under the Maharashtra Civil Services (Pension) Rules, provided there is....
Temporary service against substantive government post, continued without interruption or repatriation beyond limited secondment period, counts fully as qualifying service for pension under CCS Pensio....
Point of Law : Pension and gratuity are not bounty but property within the meaning of Article 300-A of Constitution of India.
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