Case Note & Summary
The petitioner, Kulkarni Shashikant Bhavani, was appointed as a lecturer in Physical Education at B.P.C.A's College of Physical Education (respondent No.2) with effect from 12/06/1989, having previously worked as a lecturer since 1985. In 1995, the management alleged that the petitioner molested a girl student, leading to his arrest on 18/02/1995 and suspension from 22/02/1995. Subsequently, a disciplinary inquiry was conducted, and the petitioner was removed from service. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a declaration that he is entitled to provident fund, gratuity, and pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982 and the General Provident Fund Scheme, as well as arrears of salary from 01/01/1996 till his removal. The court considered the facts and the applicable rules. The court found that the petitioner's removal was for misconduct, and under the relevant rules, an employee removed for misconduct is not entitled to pensionary benefits. The court dismissed the petition, holding that the petitioner was not entitled to the claimed benefits.
Headnote
A) Service Law - Pensionary Benefits - Entitlement upon Removal - Maharashtra Civil Services (Pension) Rules, 1982 - The petitioner, a lecturer removed from service for molesting a student, sought pension and arrears. The court held that removal for misconduct disentitles an employee to pensionary benefits, and the petition was dismissed. (Paras 1-22)
Issue of Consideration
Whether the petitioner is entitled to provident fund, gratuity, and pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982 and the General Provident Fund Scheme, and whether he is entitled to arrears of salary arising out of the implementation of the fifth pay commission scales of pay from 01/01/1996 till the date of his removal from service.
Final Decision
The petition is dismissed. The petitioner is not entitled to provident fund, gratuity, and pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982 and the General Provident Fund Scheme, nor to arrears of salary.
Law Points
- Pensionary benefits are not automatic upon removal from service
- removal for misconduct disentitles employee to pension
- Article 226 of Constitution of India
- Maharashtra Civil Services (Pension) Rules
- 1982
- General Provident Fund Scheme
Case Details
2019 LawText (BOM) (03) 103
WRIT PETITION NO. 1576 OF 2014
S.C. Dharmadhikari, M.S. Karnik
Mr. C.R. Sadasivan for Petitioner, Mr. A.L. Gore for Respondents No. 1 and 2, Ms. Jyoti Chavan, AGP for Respondent – State
Kulkarni Shashikant Bhavani
Bombay Physical Culture Association, The Principal, B.P.C.A's College of Physical Education, The State of Maharashtra, The Assistant Director of Sports and Youth Service
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking pensionary benefits and arrears of salary.
Remedy Sought
Declaration that petitioner is entitled to provident fund, gratuity, and pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982 and the General Provident Fund Scheme, and arrears of salary from 01/01/1996 till removal.
Filing Reason
Petitioner was removed from service after being alleged to have molested a student, and he claims entitlement to pensionary benefits and salary arrears.
Issues
Whether the petitioner is entitled to provident fund, gratuity, and pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982 and the General Provident Fund Scheme.
Whether the petitioner is entitled to arrears of salary arising out of the implementation of the fifth pay commission scales of pay from 01/01/1996 till the date of his removal from service.
Submissions/Arguments
Petitioner argued that he is entitled to pensionary benefits and arrears of salary.
Respondents argued that the petitioner was removed for misconduct and thus not entitled to such benefits.
Ratio Decidendi
An employee removed from service for misconduct is not entitled to pensionary benefits under the Maharashtra Civil Services (Pension) Rules, 1982.
Judgment Excerpts
By this Petition filed under Article 226 of the Constitution of India, the petitioner seeks a declaration that the petitioner is entitled to provident fund, gratuity and pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982; and the General Provident Fund Scheme (GPF).
The respondent – Management alleged that the petitioner molested a girl student.
The petitioner was placed under suspension with effect from 22/02/1995 by the respondent No.1 – Management.
Procedural History
The petitioner was appointed as lecturer in 1989. In 1995, he was arrested and suspended for alleged molestation. He was subsequently removed from service after a disciplinary inquiry. He filed the present writ petition in 2014.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Civil Services (Pension) Rules, 1982:
