Bombay High Court Orders Fine for Withholding Teacher’s Pension

The Bombay High Court has imposed a fine of Rs 5 lakh on Sandeep Sangve, the former Deputy Director of Education for the Mumbai region, for unlawfully withholding pension benefits from a retired college teacher. The court directed Sangve to pay the amount from his personal funds to the Armed Forces Battle Casualties Welfare Fund.

On July 24, 2024, Justices Ajey Gadkari and Milind Sathaye ruled that if Sangve fails to comply with the payment, the sum will be deducted from his salary. This decision follows Sangve’s recent suspension and the initiation of an inquiry into allegations related to his tenure as Deputy Director of Education.

The controversy centers around Anil Athawale, a former part-time teacher at B N Bandodkar Science College in Thane, who served from June 2000 until his full-time retirement on May 31, 2024. The School Education Department, along with the Deputy Director of Education, previously sought a review of the court’s July 18, 2024, order, which mandated that Athawale receive his pension under the old pension scheme applicable to part-time teachers.

Sangve, in his defense, claimed that “facts regarding breakage in service” were not adequately presented to the court. The judges dismissed this argument, labeling it a “specious plea” aimed at evading responsibility. The assistant government pleader, who represented the state during the proceedings, emphasized the considerable efforts made to uphold the government’s position.

The court noted that “breakage in service” was not the basis for the June 2023 order issued by Sangve himself. Senior advocate Narendra Bandiwadekar, representing Athawale, revealed that in October 2024, the court had imposed an additional fine of Rs 3.3 lakh on Sangve for failing to comply with prior orders.

Judges Gadkari and Sathaye remarked that Sangve appears to have a history of disregarding court directives, indicating a lack of respect for the rule of law. They concluded that Sangve’s actions were motivated by a “mala fide” intention to harass Athawale, who is now struggling to receive his lawful pension benefits.

As of today, Athawale is entitled to receive his pension under the old pension scheme, along with interest accrued from his retirement date. The court underscored that the prolonged denial of these benefits is unjust, stating, “the respondent, a citizen of India, has been deprived of his legitimate dues due to the obstinate stand adopted by Sandeep Sangve.”

This ruling reflects the judiciary’s commitment to upholding the rights of individuals against bureaucratic negligence, ensuring that public servants are held accountable for their actions.