Allowed

Shrawan Bandu Sonune v. Chief Executive Officer Zp Jalna and Another

Bombay HC14 Jun 2016WP/5029/2016

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by a retired government teacher claiming retirement benefits. The court directed the Zilla Parishad to disburse pension and gratuity immediately, holding that eligibility is earned by service and pending validation does not justify withholding amounts, relying on State policy protecting pre-2000 inductees.

What did the court decide?

Direction to the respondents to disburse the petitioner's receivable pensionary benefits within eight weeks.

Shrawan Bandu Sonune Vs Chief Executive… — Pension and Retirement Benefits | Bombay HC (2016)

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WP 5029/2016

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 WRIT PETITION NO.5029/2016

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Shrawan s/o Bandu Sonune,
age 59 yrs., occu.pensioner,
r/o Kothakoli Tq.Bhokardan.
Dist.Jalna.

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...Petitioner..

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Versus

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1] Chief Executive Officer, Zilla Parishad, Jalna.

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2] The Education Officer (Primary), Zilla Parishad, Jalna.

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3] Scheduled Tribes Certificate Scrutiny Committee, Aurangabad. Dist.Aurangabad.

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...Respondents...

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 .....

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Shri D.R. Irale Patil, Advocate for petitioner.
Shri S.S. Tope, Advocate for respondent nos.1 & 2.
Shri A.R. Kale, AGP for respondent no.3.

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 .....

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CORAM: R.M. BORDE &
 K.L. WADANE, JJ.
DATE: 14.06.2016

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ORAL JUDGMENT (Per Borde, J.) :

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1]Heard learned counsel for the parties. Rule. Rule

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made returnable forthwith and with the consent of learned

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counsel for the parties, the petition is taken up for

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WP 5029/2016

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final disposal.

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2]The petitioner is making a grievance in respect of
withholding of the amount receivable by the petitioner
towards pension, gratuity, commutation, group insurance
and other consequential pensionary benefits amounting
approximately to Rs.10,00,000/-. The petitioner claims
to belong to Malhar Koli – scheduled tribe and on the
basis of the tribe certificate issued by the competent
authority, he was appointed as an Assistant Teacher as
against the post ear-marked for scheduled tribe category
in the year 1986. The proposal in respect of validation
of the tribe certificate is referred to the scrutiny
committee and as yet no decision has been taken.

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3]During the service tenure, the petitioner was
promoted to the post of Head Master. He retired on
attaining the age of superannuation on 31.7.2015. The
pension papers of the petitioner were forwarded prior to

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his retirement to the competent authority and it is
informed that the competent authority has allowed the
pension claim of the petitioner. The employer – Zilla
Parishad, however, has refused to disburse the amount
mainly for the reason that the petitioner has not

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WP 5029/2016

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produced validation certificate and the validation claim
in respect of the tribe certificate has not been yet
decided by the scrutiny committee. The petitioner has

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been informed that he would receive the amount after
production of the validation certificate issued by the
competent scrutiny committee.

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4]The reason for withholding the pensionary benefits
receivable by the petitioner is illogical. It must be
taken note of that the eligibility to the pension is the
right earned by the petitioner by virtue of the services

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rendered by him for required number of years. The
pensionary benefits cannot be withheld for such an
illogical reason. It is also the policy of the State
Government to accord protection to the employees who were
inducted in employment prior to 2000 even if they fail to
tender the validation certificate or their caste
certificates are found to have been invalidated by the
scrutiny committee.

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5]In the instant matter, the tribe validation claim of
the petitioner is pending with the scrutiny committee and
the same has not yet been decided. The petitioner was

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appointed in the year 1986 and even if it is assumed that

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WP 5029/2016

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he fails to substantiate his tribe claim, he is entitled

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to claim service protection and as a consequence is also
entitled to earn the pensionary benefits.

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6]For the reasons recorded above, the writ petition
deserves to be allowed and the same is accordingly
allowed. The respondents are directed to disburse the

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amount receivable by the petitioner towards the
pensionary benefits as expeditiously as possible and
preferably within a period of eight weeks from today.
Rule is accordingly made absolute with no order as to
costs.

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(K.L. WADANE, J.) (R.M. BORDE, J.)

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ndk/ c1461614.doc

Shrawan Bandu Sonune v. Chief Executive Officer Zp Jalna and Another

Case brief

What is this about?

What did the court decide?

Shrawan Bandu Sonune v. Chief Executive Officer Zp Jalna and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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