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ROHIT B. DEO, VRUSHALI V. JOSHI
Nalini W/o Natthuji Shende – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ROHIT B. DEO, J.
1. Rule. Rule made returnable forthwith. Heard finally with consent of the parties.
2. Petitioner is aggrieved by the order dated 28-7-2021 rendered by respondent 2-Deputy Director of Education, Nagpur Division, Nagpur whereby the petitioner is held not entitled to pension under Rule 101 of the Maharashtra Civil Services (Pension) Rules, 1982 (Pension Rules).
3. Rule 101 of the Pension Rules reads thus:
(1) A Government servant who is removed from service shall forfeit his pension and gratuity:
Provided that if the case is deserving of special consideration, Government may sanction a Compassionate Pension not exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on compassionate pension.
(2) A compassionate pension sanctioned under the proviso to Sub-Rule (1) shall not be less than the minimum pension as fixed by Government.
(3) A dismissed Government servant is not eligible for Compassionate Pension.”
4. The communication-cum-order impugned observes that a dismissed employee is not eligible for compassionate pension.
5. Adverting to the fa
[Compassionate pension can be granted in exceptional circumstances even if the employee was dismissed, provided the dismissal does not involve moral turpitude or dishonesty.]
An employee removed from service for misconduct involving moral turpitude is not entitled to pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982.
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....
Compassionate allowance should be granted if the case is deserving of special consideration, irrespective of the length of service rendered.
The main legal point established in the judgment is that the grant of compassionate allowance and pension under the CCS (Pension) Rules, 1972 should consider the deserving nature of the case and is n....
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 government employee who resigns from service due to personal or domestic reasons without any pending disciplinary proceedings is entitled to proportionate pension under Rule 6.16(2), as the forfeit....
An employee removed from service, including by compulsory retirement due to misconduct, is not entitled to full pension under the Pension Scheme.
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