Bombay High Court
PUSHPA NITIN SAVANT AND ANRversusTHE MOTOR ACCIDENT CLAIM TRIBUNAL THRU CHAIRMAN/ REGISTRAR AND ANR
- Decided
- Disposal
- Allowed
Holding
The quashing of the removal order reinstates the deceased employee’s right to terminal benefits, and the dependents are entitled to pension, gratuity and a compassionate appointment as per the applicable scheme.
Summary
Pushpa Nitin Savant (wife) and Atharv Nitin Savant (son) filed a writ petition seeking pension, gratuity, other retiral benefits and a compassionate appointment following the death of Nitin Savant, a government employee who died on 27 December 2020. Their claim was rejected on the ground that the order quashing Nitin Savant’s removal from service (dated 26 May 2022) did not expressly provide for compassionate appointment. The quashing of the removal order, issued under section 25A of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, effectively reinstated the employee, making his legal heirs entitled to all terminal benefits. The Court held that the dependents are entitled to the pension, gratuity and other benefits and directed the respondent authority to decide on compassionate appointment within four weeks as per the State scheme. Accordingly, the writ petition was allowed.
Issues considered
- Whether the heirs of a deceased employee are entitled to pension, gratuity and other terminal benefits after a removal order is quashed.
- Whether the petitioners are entitled to a compassionate appointment under the applicable State scheme.
- Interpretation of section 25A of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 in the context of post‑death benefits.
Legislation cited
Subjects
- pension
- gratuity
- terminal benefits
- compassionate appointment
- Maharashtra Civil Services Rules
- dependents
- writ petition
- review petition
- section 25A
Judgment
9.11835.23-wp.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11835 OF 2023
Digitally Pushpa Nitin Savant & Anr. .. Petitioners
signed by
BASAVRAJ Vs.
BASAVRAJ GURAPPA
GURAPPA PATIL The Motor Accident Claim Tribunal & Anr. .. Respondents
PATIL Date:
2026.03.05
18:54:11
...
+0530 Mr. Santaram Tarale, Advocate for the Petitioners
Mr. Kiran Bapat, Senior Advocate (Through VC) with
Ms. Leena Patil, Advocates for Respondent No.1
Mrs. Neha S. Bhide, Government Pleader with
Ms. Kavita N. Solunke, Additional Government
Pleader and Mr. S. P. Kamble, AGP for Respondent
No.2-State
CORAM : SHREE CHANDRASHEKHAR, CJ &
GAUTAM ANKHAD, J.
DATE : 4th MARCH 2026
P.C. :
Pushpa Nitin Savant-petitioner no.1 is the wife of Late Nitin
Savant and Atharv Nitin Savant-petitioner no.2 is his son. These
petitioners are seeking a direction to the respondent-authorities to
grant pension, gratuity and other retiral benefits accrued on the
death of Nitin Savant who passed away on 27 th December 2020. The
petitioners are also seeking a direction for compassionate
appointment of the petitioner no.1.
2. The claim raised by the petitioners has been declined on the
ground that there is no indication in the order dated 26 th May 2022
as to providing the petitioners the benefits of compassionate
appointment to the dependents of the former employee, namely,
Nitin Savant.
3. The order dated 4th January 2016 passed in Departmental
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9.11835.23-wp.docx
Enquiry against Nitin Savant imposing a punishment of removal
from service has been quashed by the Minister for Water Resource
and Command Area Development by an order dated 26 th May 2022
in the Review Petition filed under section 25A of the Maharashtra
Civil Services (Discipline and Appeal) Rules, 1979. The natural
consequence of quashing of the punishment order shall be that the
government employee is reinstated in service. However, Nitin Savant
passed away on 27th December 2020 and, therefore, his legal heirs
and dependents shall be entitled for all terminal benefits accruing on
his death. Insofar as the claim of compassionate appointment is
concerned, the respondent no.1 shall take a decision on the basis of
the scheme framed by the State government as applicable as to the
Maharashtra Accident Claims Tribunal within a period of 4 weeks.
4. Writ Petition No.11835 of 2023 is allowed in the aforesaid
terms.
[GAUTAM ANKHAD, J.] [CHIEF JUSTICE]
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