Former judge files plea to receive HC pension benefits

A former judge has filed a petition in the Bombay High Court seeking a declaration that he 'retired as a High Court (HC) judge' and that he should be given pension benefits granted to a retired High Court judge.

Justice Nandkishor Deshpande, 65, who retired as Presiding Officer of the Mumbai University and SNDT College Tribunal on April 10, 2014, has claimed that he was offered the post in 2011 by the then Chief Justice of Bombay High Court, Mohit Shah, before his term as an Additional Judge was to end. The post at the tribunal was offered in the capacity of 'sitting High Court judge'. Thus his retirement in 2011 was as a High Court judge, which makes him eligible for the pension benefits, he has contended.

However, the HC has refused this claim and categorised Deshpande to have retired as a district judge, stating that his post as additional judge of High Court was not confirmed by the President of India, and therefore does not qualify him for pension benefits under provisions of High Court judges (Salaries and the Conditions of the Service) Act.

According to the petition the notification dated April 17, 2015, issued by the Registrar General of the High Court, stated that Deshpande stands retired as district judge in the Maharashtra State Judicial Service, and consequent letters and communication be quashed and set aside.