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M. M. SATHAYE, NITIN JAMDAR
Sharad Nagnath Bubne – Appellant
Versus
State of Maharashtra – Respondent
Headnote: Read headnote
JUDGMENT
Nitin Jamdar, J. - Rule. Rule made returnable forthwith. The Respondents waive service. Taken up for disposal.
2. The Petitioners are teaching and non-teaching staff of Respondent No. 4- Seth Govindji Raoji Ayurveda Mahavidyalaya, an Ayurvedic College. By this Petition filed on 11 January 2018, the Petitioners are seeking pensionary benefits and gratuity denied to those employees of Ayurvedic Colleges who have taken voluntary retirement.
3. Petitioner No. 1- Sharad Nagnath Bubne worked with Respondent No.4- College as a Head Clerk; Petitioner No.2-Shrikant Khandu Gawade as a Clerk; Petitioner No.3-Sunita Sudhakar Pansare as a Nurse; Petitioner No.4- Ravindra Namdev Sarvade as an Assistant Panchkarma; Petitioner No.5- Jayant Nagesh Kulkarni worked as an Associate Professor; Petitioner No.6- Narayan Goyal as a Peon; and Petitioner No. 7 -Manisha Ravindra Joshi as a Reader. The Petitioners have taken voluntary retirement from service of the Respondent College after rendering qualifying service, except Petitioner No. 7 who has not completed the qualifying service.
4. Resp
The right to pension is recognized as a property right under Article 300-A of the Constitution, and employees who have completed the qualifying service are entitled to pensionary benefits regardless ....
The court established that the annulment of pensionary benefits without adherence to constitutional requirements and without justifiable reasons is arbitrary and unconstitutional, violating the accru....
Validity of voluntary retirement and entitlement to pension benefits under A.P. Revised Pension Rules, 1980.
Pension is a right and not a bounty; delay in opting for pension benefits due to ignorance or miscommunication does not bar entitlement.
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