Case Note & Summary
The petitioner, Rajendrakumar Gore, a retired lecturer, filed a writ petition before the Bombay High Court seeking a mandamus directing the State of Maharashtra and other respondents to grant and release his retirement benefits, including pension and gratuity, under the old pension scheme of 1983. He claimed that his service period from 21.06.1991 to 30.09.2021 should be considered for computation of benefits based on his last drawn salary, and that he should be treated as fully qualified from the date of initial appointment. The respondents opposed the petition, arguing that the petitioner was not entitled to the old pension scheme due to lack of qualifications at the time of appointment. The court, after hearing the parties, allowed the petition, holding that the petitioner is entitled to retirement benefits under the old pension scheme. The court directed the respondents to compute and release pension and gratuity based on his last drawn salary and full service period, treating him as fully qualified from the initial appointment date. The court also ordered payment of interest at 6% per annum on delayed payments from the date of superannuation until actual payment.
Headnote
A) Service Law - Pension - Old Pension Scheme - Entitlement - Petitioner, a lecturer, sought pension and gratuity under the old pension scheme of 1983 based on last drawn salary and full service from 21.06.1991 to 30.09.2021 - Court held that the petitioner is entitled to retirement benefits under the old pension scheme, and directed the respondents to compute pension and gratuity considering his entire service period and last drawn salary, treating him as fully qualified from initial appointment (Paras 1-12).
Issue of Consideration
Whether the petitioner is entitled to pension and gratuity under the old pension scheme of 1983 based on his last drawn salary and full service period from 21.06.1991 to 30.09.2021, treating him as fully qualified from the initial date of appointment.
Final Decision
The petition is allowed. The respondents are directed to grant and release the retirement benefits to the petitioner including pension and gratuity on the basis of his last drawn salary considering his service period from 21.06.1991 to 30.09.2021 as per the provisions of the old pension scheme of 1983, with interest at the rate of 6% per annum from the date of superannuation till the actual payment, and by treating the petitioner as fully qualified from his initial date of appointment.
Law Points
- Pension
- Gratuity
- Retirement Benefits
- Old Pension Scheme
- Qualification
- Last Drawn Salary
- Service Period
- Writ of Mandamus
