Bombay High Court

Maharashtra High Court: Retired Worker Wins Pension Dispute Against State Body

Updated
Sep 24, 2025 5:41 PM
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Summary: Vinay Mhatre, a retired worker, fought against the Maharashtra Jeevan Pradhikaran for incorrect salary adjustments and unfair deductions from his retirement money. The court ruled in his favor, ensuring he receives the correct pension and benefits.

Vinay's Struggle with Pay Fixation

Vinay Mhatre, who retired from the Maharashtra Jeevan Pradhikaran, faced problems with his salary. He claimed his salary was wrongly set, leading to a demand for repayment from his retirement money. The court listened to his request under a part of the Indian Constitution that allows people to ask the court for help when their rights are violated.

Promotions and Pay Issues

Vinay was promoted over the years, starting as a "Tracer" and moving up to an Assistant Draftsman, and finally a Civil Engineer Assistant. Despite his promotions, the authorities claimed he owed money because he didn't pass a work-related test. Vinay argued he didn't need to take this test because of his qualifications.

"The promotion orders are not cancelled, so recovery is unfair," argued Vinay's lawyer, Ms. Mohini Rehpade.

Court's Decision on Recovery

The court found that the demand for repayment was based on a wrong idea that his promotions were illegal. Since the promotions were valid and not taken back, the repayment was deemed unfair. The judges noted that asking for money back from a retired employee causes unnecessary trouble.

Legal Precedents and Relief

The court mentioned past cases, like Vasanta Ramkrishna Ghogare's, which had similar situations. Vinay was entitled to his pension based on the last salary he received with a grade pay of Rs. 4200, not Rs. 2400 as the authorities claimed.

Respondents' Position

The respondents argued against Vinay's claims, stating he was wrongly promoted. However, they followed the Lokayukta's order to return part of the money they had taken back.

Final Ruling

Judges Ashwin D. Bhobe and Ravindra V. Ghuge ruled in Vinay's favor, ordering the authorities to pay him his correct pension and benefits within 60 days.

"The recovery from retiral benefits is illegal," the court declared.

Vinay's case highlights the importance of fair treatment in retirement dues and the legal system's role in ensuring justice for retirees.