Case Note & Summary
The judgment concerns three writ petitions filed by Private Secretaries to Judges of the Bombay High Court, Aurangabad Bench, seeking pensionary benefits. The petitioners, Ajay Kishanrao Losarwar, Nagesh Dinkarrao Kulkarni, and Prakash Narayanrao Kulkarni, were appointed as Private Secretaries to Judges and served for several years. They claimed that they were entitled to pension under the Maharashtra Civil Services (Pension) Rules, 1982, but the respondents (State of Maharashtra and the High Court) denied such benefits. The court examined the nature of their appointment, the terms of service, and the applicable rules. It found that the petitioners were regularly appointed and their posts were pensionable. The court relied on the principle that pension is a right and not a bounty, and that the petitioners had rendered long service. The court allowed the petitions, directing the respondents to grant pension and other retirement benefits to the petitioners from the date of their retirement, with arrears and interest.
Headnote
A) Service Law - Pensionary Benefits - Entitlement to Pension - Maharashtra Civil Services (Pension) Rules, 1982 - The petitioners, appointed as Private Secretaries to Judges of the Bombay High Court, claimed pensionary benefits. The court held that their service was pensionable under the Rules and that they were entitled to pension and other retirement benefits. (Paras 1-10)
Issue of Consideration
Whether the petitioners, who served as Private Secretaries to Judges of the Bombay High Court, are entitled to pension and other retirement benefits under the Maharashtra Civil Services (Pension) Rules, 1982.
Final Decision
The court allowed the writ petitions and directed the respondents to grant pension and other retirement benefits to the petitioners from the date of their retirement, with arrears and interest.
Law Points
- Pensionary benefits
- Private Secretary to Judge
- Maharashtra Civil Services (Pension) Rules
- 1982
- Entitlement to pension
- Service conditions
