HC directs state edu joint dir to release pension of librarian | Mumbai News – Times of India | IIT EXPERT



Mumbai: Bombay High Court recently directed the State Joint Director of Higher Education to release the pension to Sudhir Murkute, 38 years a librarian.
The court expressed deep concern that Murkute, aged 62, was being denied his pension based on the argument that his appointment did not comply with the procedure prescribed under the Poona University Act. The court emphasized that this issue should have been raised four decades ago, before his appointment was approved by all departments and his retirement was certified in 2020. Murkute had served at SVKT College in Nashik.
A HC bench of Justices A S Chandurkar and Jitendra Jain urged the state to take appropriate action in such cases to ensure that all procedures in the recruitment process are followed and any discrepancies are communicated to the appointed person. The court stated that it had not been provided with any valid reason as to why the state and the higher education department did not object to Sudhir Murkute’s appointment over the past four decades. Denying him retirement benefits now would be unfair, especially considering previous cases where similar belated objections were raised. The Trust responsible for running the college had submitted all the necessary documents for Sudhir Murkute’s pension processing.
The HC deemed the state’s refusal to grant him pensionary benefits as illegal and against the law.
The court also justified Sudhir Murkute’s claim based on the principle of legitimate expectation, as deductions towards retirement were consistently made from his salary without objection from any department. The HC referred to the apex court’s stance on pensions, emphasizing that it is not a gratuitous payment but a rightful entitlement. The court stated that this case falls within the scope of Article 21 (right to life) of the Indian Constitution.

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