HC orders granting withheld pension benefits to survivor

Lokmat News Network

Chhatrapati Sambhajinagar:

In a significant ruling, the Aurangabad Bench of the Bombay High Court has stated that pension is a fundamental right under Article 300(A) of the Constitution of India, and such a right cannot be withdrawn by a government resolution or circular. The bench comprising Justice R G Avachat and Justice Sandipkumar More directed that the petitioner be granted all benefits under the 6th Pay Commission, while clarifying that financial benefits for the period of extraordinary leave (EOL) could not be granted.

Background of the case

The petitioner, Gulab Bi Sayyed Pasha, filed the petition after the Zilla Parishad of Chhatrapati Sambhajinagar denied her husband the benefits of the 6th Pay Commission, citing that he had availed 911 days of extraordinary leave (EOL) before his death. As per the Maharashtra Civil Services (Revised Pay) Rules, 2009, these benefits were withheld.

Her husband had died while in service, and she was granted family pension, death-cum-retirement gratuity, and a commuted amount as per the 5th Pay Commission norms. However, after long legal battles by similarly affected employees, courts ruled in favour of applying the 6th Pay Commission benefits even for those who retired between January 1, 2006 and February 26, 2009. Yet, due to her husband's prolonged EOL, she was denied those upgraded benefits.

Key legal arguments

Representing the petitioner, Adv Vitthalrao Salgare argued that the government circular dated November 25, 2011, which denied financial benefits for employees on EOL, was inconsistent with the Maharashtra Civil Services (Pension) Rules, 1982, particularly Rule 35. He emphasized that since the EOL was taken for medical reasons, denying pension benefits violated Articles 14 and 16 of the Constitution, which guarantee equality before the law and equal opportunity in public employment.

Amicus curiae in the case was Adv Avinash Deshmukh, and Adv A.S. Shinde represented the state government.