Bombay high court fines ex-deputy education director Rs 5L for withholding teacher's pension
Justices Ajey Gadkari and Milind Sathaye on July 24 said if the cost is not paid by Sangve, in that event, it shall be deducted from his salary. Five days after Sangve's transfer to BMC last month, he was suspended and an inquiry ordered into allegations against him as DDE.
The School Education Department and DDE sought a review of HC's July 18, 2024, order to pay Anil Athawale pension under the old pension scheme (OPS) applicable to part-time teachers.
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Athawale was part-time teacher at B N Bandodkar Science College, Thane, from June 2000 till June 2007 and thereafter full-time till his retirement on May 31, 2024.
DDE's June 2023 order said that he was not entitled to OPS as he was appointed full-time after the Nov 1, 2005, cutoff date.
The judges said the only ground raised in the review petition, affirmed by Sangve, was that "facts regarding breakage in service" were not pointed to HC.
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Sangve was now "raising a specious plea". The assistant govt pleader (AGP), who also appeared on July 18, 2024, put "substantial efforts" in defending the govt. Pleadings of both sides and record was considered before the order was passed. The judges said "breakage in service" was not even the reason for the June 2023 passed by "the same Mr Sandeep Sangve".
Senior advocate Narendra Bandiwadekar, for Athawale, informed that in Oct 2024, the high court in 11 contempt petitions imposed Rs 3.3 lakh cost on Sangve for non-compliance of orders.
The judges said "the officer appears to be habitual in violating" HC orders and "has scant respect for law of the land".
Bandiwadekar said after Athawale pressed contempt for non-compliance of the July 2024 order, the review petition was filed. The judges said it clearly appears that Sangve with a "mala fide" intention directed the AGP to file it only to harass Athawale "none else".
Athawale "as of today is struggling for his lawful pensionary benefits". He is entitled to it under OPS as per HC's order with interest from retirement date. "However the respondent (Athawale), a citizen of India, has been deprived of his legitimate dues due to the obstinate stand adopted by Sandeep Sangve... a govt servant," they said.
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