Case Note & Summary
The case involved three writ petitions filed by employees and retired employees of the Water and Land Management Institute (WALMI) at Aurangabad, challenging the State Government's refusal to extend pensionary benefits. WALMI is a society registered under the Societies Registration Act, 1860, wholly controlled by the State Government, with its finances provided by the Government and its Governing Council comprising government officials. The Governing Council had adopted a resolution on 13 August 1997 to extend benefits under the Maharashtra Civil Services (Pension) Rules, 1982 with effect from 1 October 1995, and forwarded it to the State Government for necessary action. The Director General of WALMI, in a letter dated 12 October 2000, also recommended the extension of pensionary benefits. However, on 5 March 2013, the State Government communicated its decision refusing to grant such benefits. Aggrieved, the petitioners approached the Bombay High Court, seeking directions to grant monthly pension and arrears with interest. The High Court issued rule and, with the consent of the parties, took up the petitions for final disposal at the admission stage. Arguments were heard on 12 December 2017 and judgment was reserved. The judgment was pronounced on 20 July 2018. The court was tasked with determining whether the employees of WALMI, a government-controlled society, were entitled to pension under the Maharashtra Civil Services (Pension) Rules, 1982, and whether the State Government's refusal was justified.
Issue of Consideration
Whether the employees of WALMI are entitled to pensionary benefits under Maharashtra Civil Services (Pension) Rules, 1982 and whether the State Government's refusal communicated on 05.03.2013 is justified.
Case Details
2018 LawText (BOM) (07) 14
Writ Petition No. 5236 of 2014, with Writ Petition No. 8149 of 2013 and Writ Petition No. 748 of 2014
R.M. Borde, Vibha Kankanwadi
Pradeep Deshmukh, Y.P. Deshmukh, S.S. Kulthe, A.D. Sugdare, S.B. Joshi, R.L. Chintalwar
Sudhakar Namdeo Gaikwad & Ors., Uttam Bhujangrao Kakade & Ors., Bhagwan Trimbak Kale & Ors.
State of Maharashtra, Principal Secretary Water Resources Department, Principal Secretary Finance Department, Water and Land Management Institute Aurangabad through Director General
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Nature of Litigation
Writ petitions challenging the State Government's refusal to extend pensionary benefits to retired employees of WALMI and seeking direction to grant monthly pension under Maharashtra Civil Services (Pension) Rules, 1982.
Remedy Sought
The petitioners sought directions to respondents to grant monthly pension under Maharashtra Civil Services (Pension) Rules, 1982 and disbursement of arrears with 12% interest.
Filing Reason
The State Government communicated its decision on 05.03.2013 refusing to extend pensionary benefits to retired employees of WALMI.
Previous Decisions
The Governing Council of WALMI had adopted a resolution on 13.08.1997 to extend pension benefits under Maharashtra Civil Services (Pension) Rules, 1982 with effect from 01.10.1995, and forwarded it to the State Government for approval. The Director General of WALMI also recommended the extension of pensionary benefits in a letter dated 12.10.2000.
Issues
Whether the employees of WALMI are entitled to pensionary benefits under Maharashtra Civil Services (Pension) Rules, 1982 and whether the State Government's refusal communicated on 05.03.2013 is justified.
Judgment Excerpts
Rule. With the consent of the parties, petition is taken up for final disposal at admission stage.
The petitioners are aggrieved by the decision of the respondent-State Government of refusing to extend pensionary benefits to the retired employees of the WALMI communicated on 05.03.2013.
The WALMI is a society wholly controlled by the State Government registered under the Societies Registration Act, 1860.
Procedural History
The WALMI Governing Council adopted a resolution on 13.08.1997 to extend pension benefits. The Director General recommended extension on 12.10.2000. The State Government communicated its refusal on 05.03.2013. The petitioners filed writ petitions before the High Court. The High Court issued Rule and with consent took up the petitions for final disposal at admission stage. Judgment reserved on 12.12.2017 and pronounced on 20.07.2018.
Acts & Sections
- Societies Registration Act, 1860:
- Maharashtra Civil Services (Pension) Rules, 1982:
- WALMI Establishment Rules, 1980:
