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A. S. CHANDURKAR, JITENDRA JAIN
Sudhir Santuji Murkute – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Jitendra Jain, J.
1. Rule. Rule made returnable forthwith. By consent of the parties, the writ petition is taken up for final hearing.
2. By this petition, the Petitioner seeks to challenge action of Respondent No.1-State and Respondent No.2-State and Joint Director, Higher Education in refusing to grant pension and other retirement benefits after the Petitioner having served for almost 38 years as Librarian in the college run by Respondent No.3-Trust.
3. Before we proceed to adjudicate the present proceedings, we wish to observe that we are deeply pained that a person in his twilight years after serving for close to four decades is sought to be denied his legitimate dues on a ground which Respondent Nos.1-State and 2-Joint Director, Higher Education could have brought to the notice of the Petitioner and Respondent Nos.3-Trust and 4-The Principal at the time of his appointment and not after availing his services for four decades. We hope that the State would take appropriate steps in such type of cases to put their house in order so that if any procedure in the process of recruitment of a person has not been followed then the same would be communicated immediately to that pe
The main legal point established in the judgment is that retirement benefits are a right of the employee, not a discretionary payment, and should be granted in accordance with established legal princ....
The central legal point established in the judgment is the petitioner's right to timely pension and retirement benefits, and the State Government's obligation to ensure prompt payment of retirement d....
Point of Law : It is clear like a noon day that the retiral dues of an employee like petitioner cannot be allowed to withhold because the documents were not received by any department from other depa....
The pension and other retiral benefits are valuable rights and property in the hands of the government servants. Any delay in settlement and disbursement should be viewed seriously, and heavy interes....
Uninterrupted service, regardless of initial temporary status, qualifies for pension benefits under the Old Pension Scheme, and administrative delays in regularization cannot deprive employees of the....
Continuous temporary service without interruption qualifies for pension under the Uttar Pradesh Contributory Provident Fund Insurance Pension Rules, regardless of Provident Fund contributions.
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