Bombay High Court Grants Pensionary Benefits To Former Additional Judge Whose Tenure Wasn't Extended

The Bombay High Court has allowed the petition filed by a former Additional Judge of the High Court, Pushpa Ganediwala, seeking pensionary benefits as applicable to a high court judge, after she tendered her resignation.

In 2021, Ganediwala authored the infamous 'skin-to-skin' judgment which attracted widespread criticism for taking the proposition that direct skin-to-skin contact was necessary for constituting the offence of sexual assault under the POCSO Act. She resigned after she was denied a permanent posting as a Bombay High Court judge.

She challenged the communication dated November 2, 2022, by the High Court (Original Side) Registrar stating that she was ineligible for a pension of a High Court judge and other benefits.

Ganediwala contended that she was entitled to a pension irrespective of whether she retired voluntarily or superannuated after reaching a specific age. On the other hand, the responded authorities argued that the pension could not be given as she had 'resigned' from the post and that a judge would be entitled to pension only on superannuation or voluntary retirement.

Ganediwala was appointed as a district judge in 2007 after working as a lawyer for seven years. She also served as joint director of Maharashtra Judicial Academy, Principal District and Sessions Judge in the City Civil and Sessions Court, and was also appointed as a High Court Registrar. She was elevated as an Additional Judge of the Bombay High Court on February 13, 2019, for a term of two years.

The order will soon be uploaded.

Case title: Pushpa W/O Virendra Ganediwala vs. High Court Of Judicature Of Bombay Through Registrar General (WP/15018/2023)