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Supreme Court of India 2022-01-10 allowed

The State of Maharashtra & Anr vs Bhagwan & Ors

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

The State of Maharashtra challenged a High Court order directing it to extend pensionary benefits to employees of the Water and Land Management Institute (WALMI), an autonomous society registered under the Societies Registration Act, 1860. The Supreme Court held that WALMI's employees are not entitled to parity with State Government employees regarding pension benefits. Since WALMI is an independent autonomous body governed by its own Service Rules that expressly exclude pension provisions, and the State had consciously decided not to extend such benefits, courts should not interfere with this policy decision. The Court noted that autonomous bodies cannot claim equal service benefits merely because they receive government grants or pay from the Consolidated Fund. The court allowed the State's appeal and quashed the High Court's order.

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Constitutional Law Administrative Law Civil Service Benefits Autonomous Bodies Policy Decision Judicial Review Pension/Pensionary Benefits Societies Registration Act

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