SUSHAMA C. PENDHARKAR v. THE STATE OF MAHARASHTRA AND ORS.
Entitlement to Pension: University Appointment vs. Deployment at UGC-Funded Centre - Determining Employer-Employee Relationship for Pension Benefits.
Court: Bombay High Court
Citation: 2025:BHC-AS:53737-DB
Decision Date: 02-12-2025
List of Laws
Pune Universities Act, 1974; Service Rules and Regulations of 1963; Pension; Gratuity
- Facts: The petitioner, Mrs. Sushama C. Pendharkar, applied for the post of Research Officer at Pune University in 1984 and was appointed in 1985. After superannuating in 2003, she did not receive her pension for five years. The University disowned her engagement, claiming she was appointed under the Educational Multi Media Research Centre (EMMRC), funded by the UGC, not directly by the University.
- Procedural Posture: The petitioner filed a writ petition in the High Court of Bombay seeking pension benefits. The University contested, arguing she was an employee of EMMRC, not the University itself. The High Court admitted the petition and made the Rule returnable early.
- Issue: Whether the petitioner, appointed as a Research Officer by Pune University but deployed at EMMRC, is entitled to pension benefits from the University, despite the University's claim that she was an EMMRC employee.
- Holding: Yes, the petitioner is entitled to pension and gratuity from Pune University. The High Court partly allowed the writ petition.
- Reasoning: The Court found that the petitioner's appointment order was issued by Pune University, she was granted a pay scale and allowances admissible to University employees, and the University never communicated to her that she was an employee of EMMRC. The Court rejected the University's contention that the petitioner was not selected or appointed by them, emphasizing that the "record reveals that the Petitioner was selected and appointed by the University." The Court directed the University to prepare a proposal for payment of gratuity and pension, with interest on delayed payments, and forwarded it to the State of Maharashtra for further action. The Court also noted that "Her services would be governed by the provisions of the Pune University's Act, 1974 and the Service Rules and Regulations of 1963 with all amendments, occurring from time to time".
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