The petition filed by the employees union of MHADA (Maharashtra Housing and Area Development Authority) has been dismissed by the Bombay High Court on Wednesday. This petition seeks pension on superannuation from the government. MHADA is not entirely an autonomous body therefore it is not allowed to take decisions as government approves these decisions. Though it is created under an act but decisions especially those which are related to salary and pension are taken by government. So, the plea filed by MHADA Sevanivrutta Karmachari Seva Sangh allowing a pension scheme for its employees has been rejected by a division of Justice VM Kanande and justice AK Menon.
The employees who were retired as employees of the board and are absorbed by the government will not get affected by this order. A resolution deciding to provide pension benefits to the workers, who had joined after 1st November, 2005 has been already passed by MHADA but the state refused the proposal.
Civil Service Rules have been adopted by the state which offers for payment of monthly pension on superannuation. Its employees were eligible for the benefit since MHADA has adopted the service rules.
According to Darius Khambata, Advocate general, getting the pension is not a legal right of the employees. It is the decision of the state whether to give pension or not. In addition to this, giving pension to MHADA employees will be fair only when employees of other state government organizations or state corporations will also get the same benefits.
The court agreed with the state and said that if the provisions under the statute or rules or there is a contract between the parties then right to claim pension is available to employees. But, as a matter of right, it cannot be claimed.
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