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HIGH COURT OF BOMBAY
RAVINDRA V. GHUGEHON'BLE, ASHWIN DAMODAR BHOBE
Anjali Anand Khare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Leave to add prayer clause (d-1) with regard to the claim for pension. Addition be carried out forthwith.
2. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
3. The learned Advocate for the Petitioner submits on instructions that since the Petitioner would superannuate in March, 2025, prayer clause (d) will not be pressed. The learned Senior Advocate on instructions submits that the Petitioner is now concerned with the Pension since she would be helpless after superannuation if the pension is not paid. All other issues are not significant for her considering the importance of pension.
4. The Petitioner has put forth prayer clauses (a), (b) & (d-1)which read as under :
“(a) That this Hon'ble Court be pleased to issue a writ of Mandamus or any other appropriate writ direction or order under Article 226 of the Constitution of India, 1950 directing the Respondent No. 2 & 3 to condone/set aside all the objections raised against her and her services be regularised under the salary head of the Maharashtra State Government- Grant-in-Aid Salary budget.
(b) That this Hon'ble Court be pleased to issue a Writ of Mandamus or a Wr
The absence of a specific ban order on recruitment invalidates claims of illegality in appointments, entitling the Petitioner to pension benefits.
A retired employee is entitled to pension based on documented employment, and denial without valid reasons is unlawful.
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 right to pension is a constitutional right that cannot be taken away without due process, and similarly situated employees must be treated equally under the law.
The court held that actions taken by authorities without following due process to invalidate service and withhold pension are illegal and unenforceable.
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
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