Bombay HC Slams M’rashtra Govt For Not Paying Pension, Arrears To Retd Judicial Officials [Read Order]
8 years, 5 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 and arrears to retired judicial officials in Retired Judicial Officers Association, Through Secretary, General Shri. 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. It said: “We clarify that we would be constrained to pass an order summoning all the concerned officials in the court and if we find that they are recalcitrant and avoided performing their duties for no genuine and justifiable reasons, then, we would go ahead and deprive them of their pension by issuing a direction that they will not obtain any benefit post ­retirement including payment of arrears for two years.

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History of this topic

Bombay High Court Weekly Round-Up: March 10 – March 16, 2025
5 days, 9 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 …

Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High Court
1 week, 2 days 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 …

Bombay High Court Grants Pensionary Benefits To Former Additional Judge Who Resigned Due To Non-Extension Of Tenure
1 week, 2 days 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 …

Madras HC upholds compulsory retirement of district judge
3 weeks, 6 days ago

Madras HC upholds compulsory retirement of district judge

New Indian Express  

CHENNAI: The Madras High Court has refused to revoke an order of the state government and the subsequent notification of the court for compulsorily retiring a district judge who was charged with carrying out murky financial transactions and acquisition of wealth by his family members. A division bench of Justices R Subramanian and G Arul Murugan dismissed the petition filed …

Judicial Officers' Pension | 'Centre's Unified Pension Scheme Will Solve Issues', AG Tells Supreme Court
1 month, 1 week ago

Judicial Officers' Pension | 'Centre's Unified Pension Scheme Will Solve Issues', AG Tells Supreme Court

Live Law  

In the All India Judges Association case, pertaining to pension-related issues of judicial officers, Attorney General R Venkataramani told the Supreme Court today that the Centre has recently notified a Unified Pension Scheme, which would take care of the concerns of all employees - including judicial officers. Background In 2017, the Second National Judicial Pay Commission was constituted by the …

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 …

Calcutta High Court Orders Freeze On Salaries Of Top Civic Officials Over Non-Payment Of Retiree's Dues Since 2018
2 months ago

Calcutta High Court Orders Freeze On Salaries Of Top Civic Officials Over Non-Payment Of Retiree's Dues Since 2018

Live Law  

The Calcutta High Court has ordered a freeze on the salaries of the Executive Officer and Finance Officer of Murshidabad Municipality, West Bengal due to non-payment of pensionary dues to one of its employees since 2018. The court also directed that the honorarium paid to the Chairman of the Municipality be withheld till the entire dues of the petitioner were …

Bombay High Court Weekly Round-Up: December 23 - December 29, 2024
2 months, 3 weeks ago

Bombay High Court Weekly Round-Up: December 23 - December 29, 2024

Live Law  

Citations: 2024 LiveLaw 650 to 2024 LiveLaw 654 Nominal Index: Zahid Khamisa vs. State of Maharashtra & Anr, 2024 LiveLaw 650 Imperial Consultants and Securities vs. Deputy CIT, 2024 LiveLaw 651 Shri Saibaba Sansthan Trust vs. Union of India, 2024 LiveLaw 652 Nav Chetna Charitable Trust vs, CIT, 2024 LiveLaw 653 Chandrabhan Atulkar v. MOIL Ltd., 2024 LiveLaw 654 Judgments/Final …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Supreme Court 'Shocked' That Some Retired HC Judges Get Only Rs 6-15K Monthly Pension, Flags Differential Treatment To Judges Elevated From Service
4 months, 2 weeks ago

Supreme Court 'Shocked' That Some Retired HC Judges Get Only Rs 6-15K Monthly Pension, Flags Differential Treatment To Judges Elevated From Service

Live Law  

The Supreme Court today expressed shock in a case filed by a retired Allahabad High Court judge raising the issue of pension, when it was informed that some retired High Court judges across the country are getting pension amounts as low as Rs.6000-7000/- per month.A bench comprising Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan was dealing with retired …

High Court Upholds Compulsory Retirement of Additional District Judge, Finds It 'Deadwood'
4 months, 3 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 …

State Cannot Prolong Delay In Releasing Employees' Pension Under Guise Of Public Interest & Accountability: Calcutta High Court
9 months, 1 week ago

State Cannot Prolong Delay In Releasing Employees' Pension Under Guise Of Public Interest & Accountability: Calcutta High Court

Live Law  

A single judge bench of the Calcutta High Court comprising of Justice Aniruddha Roy, while deciding Writ Petition in the case of Sri Kunal Chandra Sen vs. State of West Bengal & Ors., held that the state cannot use public interest and accountability as an excuse to indefinitely delay the release of employees' pensions. The petitioner applied for a No …

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 …

Pension Is Employee's Savings, Can Only Be Denied In Cases Of Fraud & Not Due To Pending Litigation Regarding Caste Status: Kerala High Court
11 months, 3 weeks ago

Pension Is Employee's Savings, Can Only Be Denied In Cases Of Fraud & Not Due To Pending Litigation Regarding Caste Status: Kerala High Court

Live Law  

The Kerala High Court directed the disbursal of pensionary benefits to a woman who retired in 2013, stating that she had not committed any fraud even though issues regarding her caste status were pending before the Court. The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen stated that the pension cannot be denied to the petitioner due …

Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court
1 year, 1 month ago

Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court

Live Law  

The Bombay High Court recently observed that the effect of reduction in pay scale of a state government servant, as a form of punishment, does not extend beyond the period of employment and impact post-retirement benefits. Provisions of Rule 5 would be applicable during the period when an employee is in service and not to the benefits once he retires …

Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court
1 year, 4 months ago

Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court

Live Law  

The Rajasthan High Court recently directed a Municipal Corporation to release an employee's pension and gratuity payments holding that withholding such benefits was illegal, unjust and arbitrary. Justice Anoop Kumar Dhand added that the Corporation asking him to choose between the New Pension Scheme and Old Pension Scheme, given the petitioner's prior enrolment in the Old Pension Scheme was. Justice …

Himachal Pradesh High Court Orders Recovery Of Interest On Delayed Pension Payment From Responsible Public Officers
1 year, 6 months ago

Himachal Pradesh High Court Orders Recovery Of Interest On Delayed Pension Payment From Responsible Public Officers

Live Law  

The Himachal Pradesh High Court has emphasised that public authorities must be held accountable for delays in fulfilling their duties, particularly regarding the prompt disbursement of retirement benefits to government employees. Justice Satyen Vaidya noted that these authorities hold public funds in trust and should not be allowed to waste public money through unjustified delays as it can significantly impact …

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 Takes Suo Motu Cognisance Of Former Bombay HC(Goa Bench) Employees' Letter On Lack Of Pensionary Benefits
1 year, 11 months ago

Supreme Court Takes Suo Motu Cognisance Of Former Bombay HC(Goa Bench) Employees' Letter On Lack Of Pensionary Benefits

Live Law  

The Supreme Court on Monday took suo motu cognisance of a letter written to Chief Justice DY Chandrachud by former employees of the Goa bench of the Bombay High Court concerning the lack of pensionary benefits provided to them despite the lapse of 3-7 years of retirement. Some of the former employees of the Bombay High Court's seat at Goa …

Judges' Pension : Most States Report Compliance Of Supreme Court Directions To Disburse Arrears
2 years ago

Judges' Pension : Most States Report Compliance Of Supreme Court Directions To Disburse Arrears

Live Law  

On 07.02.2023, noting that some States Government have not complied with its earlier decision regarding enhancement of pension, to the extent they have defaulted in depositing pension arrears due to judicial officers, it had asked the respective Chief Secretaries of the concerned States to remain present in court if the affidavits were not submitted by 24.02.2023. A Bench comprising Justice …

Delhi High court approves old pension scheme for Central Paramilitary forces
2 years, 2 months ago

Delhi High court approves old pension scheme for Central Paramilitary forces

India Today  

In a move that is set to benefit Central Paramilitary Forces, the Delhi High court on Wednesday said the old pension scheme will be made available to the CAPF as they are a part of the armed forces. A division bench of Justices Suresh Kait and Neena Bansal in a judgement on 82 petitions said all those people who were …

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC
2 years, 5 months ago

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC

Live Law  

The Kerala High Court on Monday held that the decision as to whether a particular case where compulsory retirement is imposed warrants reduction in pension or gratuity or both is to be specifically considered by the authority imposing the punishment, at the time of such imposition itself.Justice Anu Sivaraman, while holding so, observed that if the same was not done, …

Financial Burden On State A Valid Ground To Fix Cut­ Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court
2 years, 6 months ago

Financial Burden On State A Valid Ground To Fix Cut­ Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court

Live Law  

Upholding Rule 3 of the Tripura State Civil Services Rules, the Supreme Court observed that the financial burden on the State can be a valid ground to fix a cut­ off date for the purpose of payment of revision of pension.The bench comprising Justices MR Shah and BV Nagarathna set aside the judgment passed by Tripura High Court that had …

Pension Continuous Cause of Action, Says SC, Sets Aside HC Verdict Denying Arrears
2 years, 9 months ago

Pension Continuous Cause of Action, Says SC, Sets Aside HC Verdict Denying Arrears

News 18  

Pension is a continuous cause of action, the Supreme Court has said while setting aside the Bombay High Court verdict to the extent of denying any arrears of pension despite holding that the petitioners before it were wrongly retired at the age of 58 instead of 60 years. The apex court noted though the high court had held that the …

'Let Swaraj Be Given To The Victims Who Suffer At The Hands Of Modern Day Bureaucrat': Madras HC Orders Pension For Widow Of Freedom Fighter
3 years, 1 month ago

'Let Swaraj Be Given To The Victims Who Suffer At The Hands Of Modern Day Bureaucrat': Madras HC Orders Pension For Widow Of Freedom Fighter

Live Law  

In a writ petition filed by the widow of a freedom fighter for grant of Family Freedom Fighters Monthly pension, Madras High Court has set aside the rejection order by Freedom Figher Revenue Division and directed the processing of Petitioner's application under Swatantrata Sainik Samman Pension Scheme, 1980.While allowing the plea of the petitioner wife, the court also made some. …

Supreme Court gives breather to govt, EPFO in pensions case
4 years ago

Supreme Court gives breather to govt, EPFO in pensions case

Hindustan Times  

In a reprieve for the central government and the Employees’ Provident Fund Organisation, the Supreme Court on Thursday restrained courts in the country from initiating contempt proceedings against them for not paying pension to employees on the basis of their total salary, and instead capping the amount at a maximum of Rs15,000 per month. A bench of justices Uday U …

Salaries & Pensions Are Rightful Entitlements Of Government Employees; Appropriate Interest Must Be Paid For Delayed Payment: Supreme Court
4 years ago

Salaries & Pensions Are Rightful Entitlements Of Government Employees; Appropriate Interest Must Be Paid For Delayed Payment: Supreme Court

Live Law  

The Supreme Court observed that salaries and pensions are rightful entitlements of Government employees and the Government which has delayed the payment of salaries and pensions should be directed to pay interest at an appropriate rate.The Andhra Pradesh High Court had allowed a Public Interest Litigation filed by a former District and Sessions Judge and directed the payment of the. …

New Pension Scheme For Judicial Officers Appointed Post April 1, 2006 Is Optional: Karnataka HC [Read Order]
5 years, 3 months ago

New Pension Scheme For Judicial Officers Appointed Post April 1, 2006 Is Optional: Karnataka HC [Read Order]

Live Law  

Karnataka HIgh Court has held that 'New Pension Scheme' for judicial officers appointed post April 1, 2006, cannot be made mandatory by the government and it will be optional for the state cadre judicial officers to opt for the same. A bench of Chief Justice Abhay Oka and Justice Mohammad Nawaz while deciding bunch of petitona filed by the Karnataka …

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 …

Supreme Court strikes down Manipur government memo classifying pensioners
5 years, 8 months ago

Supreme Court strikes down Manipur government memo classifying pensioners

India TV News  

The Supreme Court on Saturday struck down a Manipur government memorandum that classified pensioners into two classes based on their year of retirement and granted more benefits to those who retired after 1996. A bench of Justices M.R.Shah and A.S.Bopanna restored a single-judge bench order of the Manipur High Court that held that all pensioners, irrespective of their date of …

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 …

Bombay HC Dismisses Plea For Accommodation Policy For Judicial Officers Who Have Served For 15 Yrs [Read Order]
6 years, 4 months ago

Bombay HC Dismisses Plea For Accommodation Policy For Judicial Officers Who Have Served For 15 Yrs [Read Order]

Live Law  

The Bombay High Court recently dismissed a petition demanding a direction to the State Government to frame a policy document outlining the rules for allotting permanent accommodation to the Judicial Officers who have put in 15 years of service.The order was passed by a Bench comprising Justice BR Gavai and Justice MS Karnik on a petition filed by former journalist …

Bombay HC Grants Interim Stay On SIC Order Directing Disclosure Of Applications By Judges Seeking Allotment Of Flats, Plots
7 years, 6 months ago

Bombay HC Grants Interim Stay On SIC Order Directing Disclosure Of Applications By Judges Seeking Allotment Of Flats, Plots

Live Law  

The Bombay High Court has granted interim stay on an order passed by the State Information Commissioner, Ajit Kumar Jain, wherein the Deputy Registrar of the High Court was directed to furnish information regarding applications made by judges since 2010 before the state government seeking allotment of residential plots, apartments etc.The application also sought details of. The Bombay High Court …

M’rashtra’s New Pension Scheme Not Applicable To Judicial Officers As It Breaches SC Order: Bombay HC [Read Judgment]
7 years, 7 months ago

M’rashtra’s New Pension Scheme Not Applicable To Judicial Officers As It Breaches SC Order: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held recently that the New Pension Scheme brought in by the state government, through a Government Resolution dated October 31, 2005, was not applicable to judicial officers in the state and the ones appointed after this cut-off date could choose to opt for the same.A bench of Justice AS Oka and Justice AK Menon held …

Can Pensioners Be Divided Into Arbitrary Categories To Deny Rightful Pension, SC Set To Give A Ruling
7 years, 7 months ago

Can Pensioners Be Divided Into Arbitrary Categories To Deny Rightful Pension, SC Set To Give A Ruling

Live Law  

The Supreme Court bench of Justices Adarsh Kumar Goel and Uday Umesh Lalit, on August 1 concluded hearing the arguments and reserved its judgment in the case of United Bank of India v United Bank of India Retirees Welfare Association & Others. The appellant bank adopted this circular, although the RBI extended the benefit of 100 per cent dearness relief …

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, 5 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 …

Petition to Increase Retirement money of Lawyers- Delhi High Court issues Notice to the Government
10 years, 9 months ago

Petition to Increase Retirement money of Lawyers- Delhi High Court issues Notice to the Government

Live Law  

In an appeal to the Delhi High Court to review and increase the sum payable to a lawyer after retirement, a response has been sought from the Ministry of Law and Justice, Delhi Government and Advocates’ Welfare Fund Trustee.The increment has reportedly been sought by petitioner –lawyer O.P. In an appeal to the Delhi High Court to review and increase …

Bombay HC reserves order on petition of MHADA workers urging pension
11 years ago

Bombay HC reserves order on petition of MHADA workers urging pension

India TV News  

Mumbai: The Bombay High Court yesterday reserved order on a petition filed by employees of Maharashtra Housing and Area Development Authority seeking pension on superannuation but the state said it will not sanction such a benefit. The order was reserved by a bench headed by Justice V M Kanade which indicated that it might give a judgement tomorrow.The employees pleaded …

Differential treatment in fixing pension unfair, rules SC
12 years, 1 month ago

Differential treatment in fixing pension unfair, rules SC

The Hindu  

In fixing pension, no differential treatment can be made among government employees who retired in different periods while taking into consideration their ‘dearness pay’, the Supreme Court has held. Khehar quashed an August 9, 1989 Tamil Nadu Government Order to the extent that it extended to employees who retired on or after June 1, 1988 a lower component of ‘dearness …

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