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Friday, March 14, 2025

Bombay High Court Grants Petition by Justice Pushpa Ganediwala Over Denial of Pension


Bombay High Court Grants Petition by Justice Pushpa Ganediwala Over Denial of Pension

The Bombay High Court on Thursday ruled in favor of Justice Pushpa V. Ganediwala, a former judge, in her petition challenging the denial of pensionary benefits.

Justice Ganediwala, who served as an additional judge of the Bombay High Court, voluntarily retired in February 2022 after the Collegium decided not to confirm her as a permanent judge due to controversial rulings related to the Protection of Children from Sexual Offences (POCSO) Act.

Following her retirement, Ganediwala approached the Nagpur bench of the Bombay High Court, asserting that she was unjustly denied pension benefits typically granted to High Court judges.

A bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre ruled in her favor, stating that she is entitled to pensionary benefits. "The impugned order dated 2/11/2022 is quashed and set aside. The petitioner is entitled to pensionary benefits from February 14, 2022," the Court declared. It further directed that the order be implemented within two months.

Justice Ganediwala is known for authoring the controversial "skin-to-skin" judgment in January 2021, which acquitted individuals under the POCSO Act. After this ruling, she voluntarily retired after the Collegium withdrew its recommendation to make her a permanent judge due to the public backlash over her judgments.

Ganediwala began her judicial career in 2007 as a District Judge and was appointed as an additional judge of the Bombay High Court on February 8, 2019. In January 2021, the Supreme Court Collegium recommended her for permanent appointment. However, following her contentious rulings, the Collegium withdrew the recommendation, and the Union Ministry of Law and Justice approved the decision not to make her a permanent judge while extending her tenure for another year.

On February 10, 2022, after the Collegium declined to extend her tenure or recommend her for a permanent judgeship, Justice Ganediwala resigned. She subsequently filed a petition with the High Court after being denied pension benefits equivalent to those of High Court judges.

In her plea, Ganediwala argued that she should be entitled to a pension regardless of whether she voluntarily retired or completed her term as a judge. She pointed out that she had served as an additional judge for nearly three years and as a district judge for over 11 years.

Ganediwala's petition was supported by senior advocates Sunil Manohar and Nikhil Sakhardande, along with other legal experts.

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