Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High Court
6 days, 13 hours ago

Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High Court

Live Law  

The Bombay High Court has observed that the 'resignation' of a High Court Judge constitutes 'retirement' under the High Court Judges Act 1954 and thus a judge who resigned from services would also be entitled to the same pensionary benefits as a judge who retired by superannuation. Ganediwala contended that the expression 'retirement' under Sections 14 and 15 of High Court Judges Act, 1954 cannot be construed in a narrow and limited sense so as to only mean retirement by way of superannuation. The High Court agreed with the petitioner and held that the expression 'retirement' used in Sections 14 and 15 of the Act, 1954 includes 'resignation' as well. The word 'retirement' in Sections 14 and 15 of 1954 Act has not been used in a restricted sense to mean retirement on superannuation only.” Noting that 'retirement' has been used in a broader sense in the Act, the Court stated that the mode of retirement for pension is irrelevant.

Retirement High Court Court Pension Resignation Judge High Act Bombay Sections Section 14 1954 Sections 14 Ganediwala Who Retired 1954 Act  15  entitled  high  benefits  retirement  judge  court  resignation  pension  14  resigned  act  retired  1954  bombay

History of this topic

Bombay High Court Weekly Round-Up: March 10 – March 16, 2025
2 days, 21 hours ago

Bombay High Court Weekly Round-Up: March 10 – March 16, 2025

Live Law  

Citations: 2025 LiveLaw 89 to 2025 LiveLaw 96 Nominal Index: Ramesh Potdar vs Union of India, 2025 LiveLaw 89 Rahim Khan Sandu Khan vs State of Maharashtra, 2025 LiveLaw 90 Kailash Mehar Singh Kher vs State of Maharashtra, 2025 LiveLaw 91 Ramadas KS vs. TISS & Ors., 2025 LiveLaw 92 Pushpa W/O Virendra Ganediwala vs. High Court Of Judicature Of …

Bombay High Court Grants Pensionary Benefits To Former Additional Judge Who Resigned Due To Non-Extension Of Tenure
6 days, 20 hours ago

Bombay High Court Grants Pensionary Benefits To Former Additional Judge Who Resigned Due To Non-Extension Of Tenure

Live Law  

The Bombay High Court has allowed the petition filed by a former Additional Judge of the High Court, Pushpa Ganediwala, seeking pensionary benefits as applicable to a high court judge, after she tendered her resignation.In 2021, Ganediwala authored the infamous 'skin-to-skin' judgment which attracted widespread criticism for taking the proposition that direct skin-to-skin contact was. The Bombay High Court has …

Ex-judge Ganediwala, who gave controversial verdicts, to get pension on par with HC judge
6 days, 21 hours ago

Ex-judge Ganediwala, who gave controversial verdicts, to get pension on par with HC judge

The Hindu  

The Bombay High Court on Thursday said that Pushpa Ganediwala, the former HC judge who had faced flak over a series of controversial judgments in POCSO Act cases, was entitled to receive pension on par with a high court judge. Ms. Ganediwala had sought for pension as HC's additional judge, contending it should be irrespective of the fact whether she …

Keen on finding solution over disparity in high court judges pension: SC
1 month, 3 weeks ago

Keen on finding solution over disparity in high court judges pension: SC

Hindustan Times  

New Delhi, The Supreme Court on Thursday said it was keen on finding a solution over the issue of disparity in pension to retired high court judges. The top court was hearing arguments on a batch of pleas raising the issue of different pension being payable to retired high court judges. In December 2024, the top court said it was …

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'
4 months, 2 weeks ago

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'

Live Law  

The Allahabad High Court has upheld the compulsory retirement of an Additional District Judge. The court held that the orders to compulsorily retire the petitioner were based on his consideration of his entire service records, and that the inquiry officer had no jurisdiction to continue the proceedings. The court also held that promotions to a judicial officer do not wash …

High Court Rules on Family Pension for Chairperson of State Law Commission
4 months, 3 weeks ago

High Court Rules on Family Pension for Chairperson of State Law Commission

Live Law  

The Allahabad High Court has held that the 'family pension' rules under the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Rules framed thereunder will be applicable to the pension awarded to the Chairperson of the State Law Commission under the Uttar Pradesh State Law Commission Act, 2010. The court observed that once the State Government …

High Court Rules on Family Pension for Chairperson of State Law Commission: A Detailed Interpretation
4 months, 3 weeks ago

High Court Rules on Family Pension for Chairperson of State Law Commission: A Detailed Interpretation

Live Law  

The Allahabad High Court has held that the 'family pension' rules under the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Rules framed thereunder will be applicable to the pension awarded to the Chairperson of the State Law Commission under the Uttar Pradesh State Law Commission Act, 2010. The court observed that once the State Government …

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case
8 months ago

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case

Live Law  

The Gujarat High Court has overturned the order of compulsory retirement imposed on a former Police Officer, highlighting critical lapses in the disciplinary proceedings against him. The division bench, comprising Justices A. S. Supehia and Mauna M Bhatt, ruled that the initiation of departmental proceedings based on trial court observations regarding an investigation into the Arms Act was misguided. The …

Madras High Court Weekly Round-Up: May 13 - May 19, 2024
10 months ago

Madras High Court Weekly Round-Up: May 13 - May 19, 2024

Live Law  

Citations: 2024 LiveLaw 193 To 2024 LiveLaw 204 NOMINAL INDEX Pipmate Integrated Staff Welfare Association vs. Chief Secretary, Government of Puducherry, 2024 LiveLaw 193 G. Ravichandran vs. Tamil Nadu State Transport Corporation Ltd., 2024 LiveLaw 194 S Kesavan v The Inspector of Police, 2024 LiveLaw 195 A Balaguru v The Director Superintending Archaeologist, 2024 LiveLaw 196 S. Achuthan vs. Secretary …

Gujarat High Court Weekly Roundup: May 6 - May 12, 2024
10 months ago

Gujarat High Court Weekly Roundup: May 6 - May 12, 2024

Live Law  

Nominal Index Executive Engineer - Uttar Gujarat Vij Company Ltd Versus Patel Rasikbhai Rangabhai & Anr. 2024 LiveLaw 63 Kamlesh Jivanlal Dave and Others v. State of Gujarat and Others 2024 LiveLaw 64 Rajkot Municipal Corporation Versus Rajeshbhai Ramjibhai Purabiya 2024 LiveLaw 65 Judgments/Orders ID Act When Charges Of Serious Nature Are Not Proved And Punishment Is Disproportionate, Labour Court …

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court
10 months, 2 weeks ago

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court

Live Law  

The Gujarat High Court single bench of Justice Nikhil S. Kariel held that the period prior to the date of regularisation, wherein the Workman met the requirement of working 240 days, must be factored into the calculation of pension and other retirement benefits. Brief Facts: The period of service rendered by the Petitioner's husband before his regularization under the Government …

EPF Pension: Delhi High Court Restrains EPFO From Taking Coercive Steps On Basis Of Recovery Notices For Higher Pension
1 year, 9 months ago

EPF Pension: Delhi High Court Restrains EPFO From Taking Coercive Steps On Basis Of Recovery Notices For Higher Pension

Live Law  

The Delhi High Court recently restrained the Employees’ Provident Fund Organisation from taking any coercive steps with respect to the notices issued to various pensioners by it for making recoveries of the differential amount on higher pension received by them from many years. Justice Rekha Palli passed the interim order in the pleas moved by four pensioners who, after their …

Supreme Court Grants Pensionary Relief To Govt Servant Caught Up In Dispute Over Resignation
2 years ago

Supreme Court Grants Pensionary Relief To Govt Servant Caught Up In Dispute Over Resignation

Live Law  

The Supreme Court recently granted pensionary benefits to an auxiliary nurse working in service of Gujarat Government, who was embroiled in a long drawn litigation over a decision taken by her in 1993 to withdraw her resignation. However, the State passed an order on April 8, 2002 holding that the period from 24 November 1993 to 30 March 2001 would …

Clerk Fighting Employment Dispute For Over 8 Years Dies, Bombay High Court Directs All Pensionary Benefits
2 years, 4 months ago

Clerk Fighting Employment Dispute For Over 8 Years Dies, Bombay High Court Directs All Pensionary Benefits

Live Law  

The Bombay High Court recently directed Hingoli Zilla Parishad to grant all pensionary benefits to the legal heirs of a deceased clerk even though the case challenging his dismissal was pending in the Labour Court. "In the peculiar facts and circumstances of the case, ends of justice would meet if a quietus is given to the entire case by directing …

"Big Fish Are Not Caught, You Are After Small Level Employee" : Supreme Court Grants Relief To Class-4 Officer Against Dismissal Order
2 years, 8 months ago

"Big Fish Are Not Caught, You Are After Small Level Employee" : Supreme Court Grants Relief To Class-4 Officer Against Dismissal Order

Live Law  

Orally remarking that "missing from duty is a major misconduct in paramilitary forces or the army, but may not be so in a civilian employment", the Supreme Court last week criticised the Central Government for imposing the penalty of dismissal from service for unauthorised absence from duty on a Grade-IV employee in the Ministry of Steel. As regards to the …

Increment Earned For Past Period Can't Be Denied Merely Because Employee Had Retired When It Became Payable: Gujarat High Court
2 years, 8 months ago

Increment Earned For Past Period Can't Be Denied Merely Because Employee Had Retired When It Became Payable: Gujarat High Court

Live Law  

Finding itself in agreement with other High Courts across the country, the Gujarat High Court has held that the increment earned by an employee for the past period of service cannot be denied merely because the said employee had retired when the increment became payable.Justice Biren Vaishnav concurred with the Delhi High Court that when increment was earned for past. …

President Accepts Resignation Of Justice Pushpa Virendra Ganediwala Of Bombay High Court
3 years ago

President Accepts Resignation Of Justice Pushpa Virendra Ganediwala Of Bombay High Court

Live Law  

The Ministry of Law and Justice has issued a notification confirming the official resignation of Justice Pushpa Virendra Ganediwala from the office of Additional Judge, Bombay High Court. This is in pursuance of proviso to clause of Article 217 of the Constitution.As per the notification, the resignation is with effect from 11th February, 2022.Justice Pushpa Virendra Ganediwala,. Justice Pushpa Virendra …

Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being Inefficient
3 years, 1 month ago

Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being Inefficient

Live Law  

The Orissa High Court last week dismissed a writ plea filed by a Judicial Officer challenging the order of compulsory retirement passed agaisnt him in the year 2012 on account of not possessing the standard efficiency required to discharge the duty of a Judge.While referring to the ruling of the Supreme Court in the case of Rajasthan State Road Transport …

Bombay HC Judge Who Gave POCSO Orders to Not be Permanent for 1 Yr
4 years, 1 month ago

Bombay HC Judge Who Gave POCSO Orders to Not be Permanent for 1 Yr

The Quint  

Bombay High Court judge, Justice Pushpa Ganediwala, who was behind various contentious judgments pertaining to the Protection of Children from Sexual Offences Act, was sworn-in as an additional judge of the court for a one-year tenure on Saturday, 13 February, after it was confirmed that she will not be appointed as a permanent judge. The Law Ministry issued a notification …

SC withdraws approval for appointment of Justice Pushpa Ganediwala of Bombay HC as permanent judge
4 years, 1 month ago

SC withdraws approval for appointment of Justice Pushpa Ganediwala of Bombay HC as permanent judge

Firstpost  

New Delhi: The Supreme Court Collegium is understood to have withdrawn its approval to a proposal for the appointment of an additional judge of the Bombay High Court, Justice PV Ganediwala, as a permanent judge of the court following her two controversial verdicts in sexual assault cases. Justice Pushpa Ganediwala recently acquitted a man accused of groping a 12-year-old girl’s …

Who is Justice Pushpa Virendra Ganediwala? The Bombay HC Judge in News For 'Controversial' POCSO Rulings
4 years, 1 month ago

Who is Justice Pushpa Virendra Ganediwala? The Bombay HC Judge in News For 'Controversial' POCSO Rulings

News 18  

Bombay High Court judge Pushpa Virendra Ganediwala has come under the scanner in the past few days for a series of judgement which has been deemed as ‘controversial.’ The Bombay High Court verdict regarding a case of groping of a minor girl sent shockwaves for its controversial statement. After four years, the Nagpur bench of the Bombay High Court headed …

Premature Retirement Of Judges In Public Interest; Bombay HC Refuses Relief To Former District Judge [Read Judgment]
5 years, 3 months ago

Premature Retirement Of Judges In Public Interest; Bombay HC Refuses Relief To Former District Judge [Read Judgment]

Live Law  

The Bombay High Court on Monday pronounced its judgement in a writ petition filed by 56-year-old Anil Mohabay, a former District Judge challenging the decision of Bombay High Court to retire him "prematurely" at the age of 55. Judgment Petitioner's counsel Pradeep Havnur argued that prematurely retiring the petitioner on attaining the age of 55 years and 5 months in …

Madras High Court rejects Karti Chidambaram’s plea seeking interim stay on transfer of his Income Tax case to special court
5 years, 6 months ago

Madras High Court rejects Karti Chidambaram’s plea seeking interim stay on transfer of his Income Tax case to special court

Op India  

Before former union minister P Chidambaram was arrested by CBI in a dramatic manner last night after Delhi High Court and the Supreme Court rejected plea for protection against arrest, his son and daughter-in-law also had to face disappointments in Madras High Court. On Wednesday, the Madras High Court rejected a petition by Karti Chidambaram seeking an interim stay in …

Retirement Does Not Protect Employee From Action For Misconduct During Service : Bombay HC [Read Judgment]
5 years, 9 months ago

Retirement Does Not Protect Employee From Action For Misconduct During Service : Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Friday held that retirement of an employee does not completely preclude the appointing authority from initiating action for dealing with the misconduct of the employee during currency of the service. Petitioner challenged the said condition of continuation of the disciplinary proceedings against her in a writ petition before the high Court. A division bench of …

Brothers Above 18 Years Of Age Not Eligible For Pensionary Benefits: Madras HC [Read Judgment]
8 years, 3 months ago

Brothers Above 18 Years Of Age Not Eligible For Pensionary Benefits: Madras HC [Read Judgment]

Live Law  

The Madras High Court, in B. Senthil Kumar vs. The District and Sessions Judge, has held that pensionary benefits due to government servants cannot be given to their brothers and step-brothers above the age of 18 years.Senthil Kumar was nominated by his sister as legal heir in respect of the special provident fund, death-cum-retirement gratuity, general provident fund and had. …

Bombay HC Slams M’rashtra Govt For Not Paying Pension, Arrears To Retd Judicial Officials [Read Order]
8 years, 4 months ago

Bombay HC Slams M’rashtra Govt For Not Paying Pension, Arrears To Retd Judicial Officials [Read Order]

Live Law  

Warning against any further delay in the matter, the bench declared that it would direct the State to deprive the officials with the responsibility of payment would be deprived of their pensions and arrears of two years in case action wasn’t taken immediately. The Bombay High Court has come down heavily upon the State of Maharashtra for non-payment of pension …

Bombay HC Slams M’rashtra Govt For Not Paying Pension, Arrears To Retd Judicial Officials [Read Order]
8 years, 4 months ago

Bombay HC Slams M’rashtra Govt For Not Paying Pension, Arrears To Retd Judicial Officials [Read Order]

Live Law  

Warning against any further delay in the matter, the bench declared that it would direct the State to deprive the officials with the responsibility of payment would be deprived of their pensions and arrears of two years in case action wasn’t taken immediately. The Bombay High Court has come down heavily upon the State of Maharashtra for non-payment of pension …

High Courts Weekly Round-Up
9 years, 6 months ago

High Courts Weekly Round-Up

Live Law  

BombayMeat ban not suitable for modern citiesChanging its stance on the issue, the Brihanmumbai Municipal Corporation yesterday informed the Bombay High Court that it was withdrawing its decision to impose a ban on slaughter of animals and sale of meat on September 13 and 18.Justice Mohit Shah retiresJustice Mohit Shah retired this Wednesday as the Chief Justice of Bombay High …

High Courts Weekly Round-Up
9 years, 6 months ago

High Courts Weekly Round-Up

Live Law  

BombayMeat ban not suitable for modern citiesChanging its stance on the issue, the Brihanmumbai Municipal Corporation yesterday informed the Bombay High Court that it was withdrawing its decision to impose a ban on slaughter of animals and sale of meat on September 13 and 18.Justice Mohit Shah retiresJustice Mohit Shah retired this Wednesday as the Chief Justice of Bombay High …

Sexual abuse charges against Judicial Officer: SC upholds punishment of compulsory retirement [Read the Judgment]
10 years, 7 months ago

Sexual abuse charges against Judicial Officer: SC upholds punishment of compulsory retirement [Read the Judgment]

Live Law  

A Supreme Court Bench comprising of Justice R. Gogoi and Justice M.Y. Eqbal reversed a Madras High Court judgment and upheld the punishment of compulsory retirement for a Judicial officer accused of sexual abuse at workplace.The appeal was filed against the 2007 judgment of the Madras High Court, which had reversed the compulsory retirement imposed on the respondent, Thiru K. …

Retirement Age Raise: Panacea for Pendency ?
11 years, 3 months ago

Retirement Age Raise: Panacea for Pendency ?

Live Law  

Recently an advocate in person filed a Writ Petition before the Supreme Court of India, which came for hearing on 7th Oct 2013. of Pending Cases Admissionmatters Regular HearingMatters 1/11/2013 65,893* 36,399 28,532 1/10/2013 66,602 36,508 30,095 1/09/2013 67,243 37,324 29,919 1/08/2013 67,964 38,438 29,526 1/07/2013 69,446 40,279 29,167 1/06/2013 67,787 38,679 29,108 1/05/2013 67,275 38,099 29,176 1/04/2013 67,320 38,005 …

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