Law officer wins pension fight with Savitribai Phule Pune University in Bombay High Court

The senior law officer at Savitribai Phule Pune University (SPPU) had challenged the decision to withdraw benefits linked to her 13 years of earlier service at the university.

Bombay High Court law officer pension Savitribai Phule universityThe woman said she has a PhD in law and was in continuous employment of the university at the post of law officer for the first 13 years of service, from June 1997 to July 2010. (AI-generated image)

After nearly 29 years of service at Savitribai Phule Pune University (SPPU), a senior law officer has won a legal battle to have her first 13 years of service counted towards pension, after the Maharashtra government argued that those years could not be taken into account because she had then worked on a university-funded post.

The Bombay High Court held that the earlier service as a law officer could not be ignored, noting that the woman had served the university continuously and that the state had previously recognised the same service.

Justices G S Kulkarni and Dr Neela Gokhale noted that Dr Parveen Parvez Sayyaed worked as a law officer from 1997 to 2010 before becoming a senior law officer. The state later sought to exclude those 13 years because the earlier post was funded by the university rather than the state government.

“The denial of pension to the petitioner (senior law officer) in fact amounts to non-recognition of public service as rendered by the petitioner with the university (Savitribai Phule Pune University) from the year 1997 on the post of law officer and thereafter discharging duties on the post of senior law officer from 1 August, 2010,” the September 21 order read.

‘29 years of service’

The woman claimed that she has a PhD in law and was in continuous employment of the university at the post of law officer for 13 years, from 9 June, 1997 to 31 July, 2010.

Justices G S Kulkarni and Dr Neela Gokhale Bombay High Court law officer pension Justices G S Kulkarni and Dr Neela Gokhale said the decision to withdraw the benefit was ‘arbitrary’.

While working as a law officer, the woman allegedly participated in the selection process for the post of senior law officer, as advertised by the university, after the state government had approved the post of senior law officer as an aided post, which means that the salary would be paid by the state government.

The court noted that the employee has till date spent almost 16 years on the post of senior law officer, a fully aided post, and before that for a period of about 13 years on the post of law officer, totalling a period of 29 years in the service of the university.

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The dispute began when the Maharashtra government later said that her 13 years as law officer could not be counted for salary protection or pension because that post was funded by the university, not the state government. The authorities then sought to withdraw the pay protection and benefits that had earlier been granted to her.

She challenged this before the Bombay High Court, arguing that she had been properly selected and had worked continuously, while her earlier service had already been recognised for fixing her pay. The woman was represented by Senior Advocate Mihir Desai, while the state was represented by assistant government pleader D S Deshmukh.

State not justified in denying pension: HC

The high court noted that the employee had rendered about 29 years of service with the university and held that “it would be wholly unjust if the valuable service rendered by the petitioner exclusively in the service of the university for such a long period is not duly recognised to be counted for the purpose of pension.”

The court pointed out that the state government’s decision to withdraw the benefit was “arbitrary”, particularly because her earlier service had already been recognised while fixing her pay as senior law officer and while granting her relaxation from the age limit.

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It held that the university was neither justified in law to initiate any recovery from the employee nor was it permissible and legal for it to deny the grant of pension to the woman. “…In our opinion, the petitioner deserves to be granted the reliefs as prayed for. The respondents (state and university) were neither justified in law to initiate any recovery from the petitioner nor was it permissible and legal for the respondents to deny the grant of pension to the petitioner

The court allowed her petition and set aside the communications withdrawing the benefit of counting her earlier service as a law officer for pay protection and pensionary benefits.

Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More

 

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