Bombay High Court's decision: Whether the judge resigns or retires, he will definitely get pension
The Bombay High Court has given an important verdict. Even if a High Court judge resigns, he will still get pension. The court said that 'resignation' is also equivalent to 'retirement' and judges will be entitled to pension whether they retire by superannuation (retirement at a fixed age) or resign voluntarily. This decision came in the case of former additional judge Pushpa Ganediwala. She had challenged the order of the Registrar (Original Side) of the Bombay High Court dated 2 November 2022.
It was said in this order that she is not entitled to pension. Ganediwala argued that 'retirement' should not be seen in a narrow sense in sections 14 and 15 of the High Court Judges (Salaries and Service Conditions) Act, 1954. He said that 'retirement' also includes 'resignation'.
Government's opposition
The government argued that the pension claim ends on resignation. They said that 'retirement' in sections 14 and 15 means only retirement from superannuation, not resignation. The government said that resignation means that the judge does not want to continue the job. Therefore, it cannot be considered equal to 'retirement'.
What did the court say?
A division bench of Chief Justice Alok Aradhe and Justice Bharti Dangre ruled in favor of Ganediwala. The court said, 'retirement' is a broad term. It means not only superannuation, but also the end of a career. The word 'Retire' has many meanings, including 'Resign'. If the intention of the Parliament was to make only retirement on superannuation eligible for pension, it would have been clearly written. 'Retirement' has not been taken in a limited sense in sections 14 and 15.
Why refusal to give pension?
The court also said that five former judges, who had resigned, are already getting pension. But the government did not give any satisfactory answer as to why this benefit was not given to Ganediwala. The court accepted Ganediwala's petition. It ruled that he is entitled to get pension from February 14, 2022. The order of the Registrar was quashed.