High Court of Bombay: Examining the aspect of non-payment of pension and arrears to retired judicial officials, the Division Bench comprising of S.C. Dharmadhikari and B.P. Colabawalla, JJ., expressing its disappointment over the state of affairs, warned the State Government officials that if the unpaid pensions were not cleared, it would take drastic action by depriving the officials concerned of their pensions and arrears for two years.
The Court was hearing a bunch of petitions filed by Retired Judicial Officers Association and by retired officials in their individual capacity, where the petitioners urged the Court to issue directions to State Government officials to release their pensions and arrears forthwith. The counsel for the State submitted that recommendations of the Shetty Commission and Padmanabhan Commission with regard to computation and payment of pension are being implemented by the State, and even the issue of arrears was being considered. He further submitted that some clarifications were sought by the Accountant General’s office and now since the Department of Law and Judiciary has taken steps to prepare replies and forward these clarifications to the said Accountant General’s office hence, payment of arrears and pension will commence within two weeks from the day of the submission made by him.
The Court voicing unhappiness over the non-payment of pension and arrears to retired judicial officers pointed out that it expected the payment to commence within four weeks from the date of the order and listed the matter to be heard on November 17. Using stern words, the Court clarified that it would take drastic action by directing the State to deprive the officials concerned of pension and post-retirement benefits including payment of arrears for two years, in case if it appears that the officials are recalcitrant and avoided performing their duties for no genuine and justifiable reasons. [Tukaram Apparao Hare v. State of Maharashtra, 2016 SCC OnLine Bom 9128, decided on October 13, 2016]