In a notable development, the Bombay High Court has granted pensionary benefits to former Additional Judge Pushpa Ganediwala, who resigned following controversy surrounding her judgments on sexual assault cases under the Protection of Children from Sexual Offences (POCSO) Act.
Justice Ganediwala's tenure as an additional judge began on February 13, 2019, for a two-year term. In January 2021, she delivered a judgment interpreting the definition of sexual assault under the POCSO Act, suggesting that 'skin-to-skin' contact was necessary to constitute the offense. This interpretation led to widespread criticism and legal scrutiny, culminating in the Supreme Court overturning her judgment and the withdrawal of her nomination for a permanent position on the bench.
Subsequently, Justice Ganediwala resigned from her position. She later filed a petition challenging a communication from the High Court Registrar, which stated that she was ineligible for a High Court judge's pension and associated benefits due to her resignation. The respondents contended that pension benefits are reserved for judges who retire upon reaching the age of superannuation or opt for voluntary retirement, not those who resign.
After reviewing the case, the Bombay High Court ruled in favor of Justice Ganediwala, granting her the pensionary benefits applicable to a High Court judge. The detailed order is expected to be published soon.
This decision underscores the complexities surrounding judicial appointments and the entitlements of judges who resign before completing their tenure, particularly in the context of controversial rulings that impact their career progression.
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