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RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Varsha Madhukar Kalyankar – Appellant
Versus
State of Maharashtra, Through its Secretary, Public Health Department – Respondent
JUDGMENT :
(Ravindra V. Ghuge, J.) :
1. Rule. Rule made returnable forthwith and heard finally by the consent of the learned Advocates for the respective sides.
2. The Petitioner is before us being aggrieved by the order dated 28/02/2024, passed by the learned Division Bench of the Maharashtra Administrative Tribunal, Chhatrapati Sambhajinagar (for short 'the Tribunal'), rejecting Misc. Application No.14/2021 in Original Application (St.) No.1471/2020, by which, the Tribunal has declined to condone the delay of nine years.
3. The sequence of events in this matter are relevant for deciding the issue of condonation of delay, keeping in mind, as to whether the Petitioner has an arguable pension case on it’s merits. More importantly, if the delay is not condoned, whether the Petitioner, who was a lady medical Officer, would be deprived of pension for her lifetime.
4. The dates and sequence of events are as under :-
(b) The Petitioner’s services were regularized as a 'Medical Officer' w.e.f. 01/02/1998, vide the order dated 31/08/1999.
(c) The technical breaks in the bond contractual services of the Petitioner,
A pragmatic approach is essential in condoning delays in pension claims, prioritizing substantial justice over strict adherence to procedural timelines.
The main legal point established in the judgment is that the respondent No.4 is entitled to pension benefits as her application for voluntary retirement ought to have been accepted in the year 2003 i....
The Tribunal erred in attributing delay in pension payment to the petitioner; interest at 6% is due under Clause-5 of the government resolution for delayed retiral benefits.
A government servant must complete 20 years of qualifying service under Rule 48-A of the Pension Rules to be eligible for voluntary retirement, with unauthorized leaves excluded from service calculat....
When the petitioner was not eligible to submit a notice to retire under Rule 48-A, rejection was beyond the period of three months and the petitioner is deemed to have retired is unsustainable.
Interest on delayed DCRG payment is mandated under Rule 45-A(I-A) of the Tamil Nadu Pension Rules, post-exoneration, reinforcing the obligation to settle pension benefits timely.
Failure to communicate refusal of voluntary retirement application within three months results in deemed acceptance, upholding the Tribunal's award for retirement benefits.
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