Former Bombay HC judge moves court seeking pension

On July 19, Ms. Ganediwala, who now practises as an advocate, filed a petition before the Nagpur Bench of the High Court, challenging a communication dated November 2, 2022, issued by the HC (original side) Registry declaring that she was not eligible/entitled for pension of a judge and other benefits.

Former judge of the Bombay High Court Pushpa Ganediwala, who was criticised for controversial judgment under the Protection of Children from Sexual Offences (POCSO) Act, has moved the court seeking pension applicable as a judge.

On July 19, Ms. Ganediwala who now practises as an advocate, filed a petition before the Nagpur Bench of the High Court, challenging a communication dated November 2, 2022, issued by the HC (original side) Registry declaring that she was not eligible/entitled for pension of a judge and other benefits.

The plea mentions, “I have not been getting any pension. The entire approach on the system in denying pension is arbitrary and unsustainable in law. I have worked as the High Court’s additional judge for close to three years and should get pension irrespective of whether I had voluntarily retired or superannuated after attaining a specific age,” the plea said.

On January 28, 2021, the former judge of the Nagpur Bench of HC had held, “The acts of ‘holding the hands of the prosecutrix’ (female victim), or ‘opened zip of the pant’ in the opinion of this Court, does not fit in the definition of ‘sexual assault’ and “there has to be skin-to-skin contact for sexual intent” under the POCSO.

Ms. Ganediwala had passed these judgments as an additional judge. On January 30, 2021, the Supreme Court Collegium withdrew its approved of appointing her as a permanent judge. On February 12, 2022, she resigned, a day before her tenure as an additional judge was going to end.