Ex-judge Ganediwala, who gave controversial verdicts, to get pension on par with HC judge

Mumbai: The Bombay High Court on Thursday said that Pushpa Ganediwala, the former HC judge who had faced flak over a series of controversial judgments in POCSO Act cases, was entitled to receive pension on par with a high court judge.

Ganediwala was demoted as district sessions judge at the end of her additional judgeship on February 12, 2022, following an uproar over some judgments passed by her on the interpretation of what constitutes a sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.

She had ruled that there has to be "skin-to-skin contact with sexual intent" in order for the act to be considered as an offence of sexual assault under the POCSO Act, and that "holding hands of a minor girl and opening of zip of his (accused) pants" does not fall under the definition of 'sexual assault' of the Act.

In July 2023, Ganediwala filed a petition before the high court, challenging a communication dated November 2, 2022 issued by the HC (original side) registrar declaring that she was not eligible/entitled for pension of a HC judge and other benefits.

Ganediwala had sought for pension as HC's additional judge, contending it should be irrespective of the fact whether she voluntarily retired or superannuated after attaining a specific age.

On Thursday, a division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre quashed the November 2022 communication, and said Ganediwala was entitled to pension on par with an additional judge of the HC from February 2022.

"We direct the registry to fix her pension along with 6 per cent interest from February 2022 within two months from today," the court ordered.

Following the problematic judgments in January and February 2021, the Supreme Court Collegium had withdrawn its recommendation to appoint Ganediwala as a permanent judge and instead extended for one year her tenure as additional judge.

The tenure ended in February 2022. This meant Ganediwala would be demoted back to the district judiciary as district sessions judge at the end of her additional judgeship on February 12, 2022.

With neither an extension granted to her tenure as additional judge nor an appointment as permanent judge of the high court, Ganediwala tendered her resignation.

"I have not been getting any pension. The entire approach on part of the respondents in denying pension is arbitrary and unsustainable in law," Ganediwala said when she filed her petition in July 2023.

As per the plea, Ganediwala was appointed as a district judge on October 26, 2007.

She was appointed as additional judge of the Bombay High Court in 2019.

Ganediwala in her plea said in January 2021, the apex court approved her application for appointment as permanent judge.

However, the recommendation was withdrawn later.

The plea claimed the petitioner (Ganediwala) worked as HC's additional judge for close to three years.

She had applied for pension with the HC registry. However, a decision was taken that since Ganediwala had not retired as HC judge, she was not entitled for the same rank pension.