Bombay High Court Rules in Favor of Justice Pushpa Ganediwala, Grants Pension After Denial
(Judicial Quest News Network)
In a significant legal development, the Bombay High Court has ruled in Favor of former Justice Pushpa Ganediwala, granting her pensionary benefits after she challenged the denial of such benefits following her voluntary retirement. Justice Pushpa Ganediwala, who had served as an Additional Judge of the High Court, took voluntary retirement in February 2022.
On Thursday, a bench consisting of Chief Justice Alok Aaradhe and Justice Bharti Dangre delivered a landmark judgment, affirming that Justice Ganediwala is indeed entitled to pensionary benefits, as applicable to High Court Judges. The court directed that the order, which had previously denied her pension, be set aside, and that her pensionary benefits be implemented from February 14, 2022, within two months.
Justice Ganediwala had approached the Nagpur bench of the Bombay High Court in 2022, contending that she was unfairly denied pensionary benefits despite her long service as a district judge and later as an Additional Judge at the High Court. Her legal battle cantered around the contention that she was entitled to the same pensionary rights as other judges, irrespective of whether she continued as a permanent judge or retired voluntarily.
Her legal team, led by Senior Advocates Sunil Manohar and Akshay Naik, ,along with advocates,Nikhil Sakhardande Prahlsd Paranjape,Ankit B Rathod, Onkar Bajaj and Atharva S Manohar argued that despite her voluntary retirement, Justice Ganediwala was entitled to pensionary benefits due to her significant years of service as both a district judge (over 11 years) and an additional judge (nearly 3 years). Advocate Akshay Naik, representing Justice Ganediwala, contended that the denial of pension was unjust, as her service record merited the same retirement benefits as other judges of the High Court.
In their ruling, the bench emphasized that Justice Ganediwala distinguished career and contributions to the judiciary should not be undermined, and she was, therefore, entitled to the pensionary benefits afforded to High Court judges. The court’s decision not only marks a significant victory for Justice Ganediwala but also highlights the importance of fair treatment and recognition of the contributions of judges, regardless of the controversies they may face during their tenure.
This judgment sets a precedent for similar cases, reinforcing that judicial officers who serve diligently, regardless of the circumstances surrounding their retirement, are entitled to their rightful pensionary benefits.
