Bombay HC Grants Pension Benefits To Former Judge Pushpa Ganediwala

The Bombay High Court has ruled in favor of former Additional Judge Pushpa Ganediwala, granting her pension benefits applicable to High Court judges despite her resignation from the post.

Legal Battle Over Pension Eligibility

Ganediwala had filed a petition challenging a communication from the High Court Registrar, which denied her pension on the grounds that she had “resigned” rather than retired. The authorities argued that pension benefits were only available to judges who retired upon reaching the required age or opted for voluntary retirement.

However, Ganediwala contended that she was entitled to a pension regardless of how her tenure ended.

Controversial Ruling

Ganediwala was appointed as a district judge in 2007 after practicing as a lawyer for seven years. Over the years, she held various judicial positions, including joint director of the Maharashtra Judicial Academy and Principal District and Sessions Judge. She was elevated as an Additional Judge of the Bombay High Court on February 13, 2019, for a two-year term.

Her tenure came under scrutiny following her controversial 2021 “skin-to-skin” judgment, which ruled that direct physical contact was necessary to constitute sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.

The judgment was widely criticized and later overturned by the Supreme Court. Following the backlash, she was denied a permanent appointment as a High Court judge, leading to her resignation.

High Court’s Verdict

With the High Court ruling in her favor, Ganediwala will now receive pension benefits. The detailed order is expected to be uploaded soon.

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