MRS. NIKHAT PARVEEN ABDUL WAHEB SHAIKH vs UNION OF INDIA, SECRETARY AND ORS.

Judgment text excerpt

42-WP-10082-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10082 OF 2017 Digitally signed by SATISH Nikhat Parveen Abdul Waheb Shaikh RAMCHANDRA SATISH RAMCHANDRA SANGAR Date: Aged adult, Occupation : Nil, SANGAR 2026.02.05 20:01:28 +0530 Residing at : Survey No.29, Kapilnagar, Behind Water Pumping Station, Nagar Road, Wadgaonsheri, Pune : 411 014. ...Petitioner Versus 1. Union of India (Notice to be served upon) Secretary, Defence Department, New Delhi. 2. D.G.T.E. Raksha Sampada Bhawan, New Delhi, Ulaan Batar Marg, Delhi Cantonment, New Delhi : 110 010. 3. Kirkee Cantonment Board, Kirkee, Pune : 411 003. 4. The Chief Executive Officer, Kirkee Cantonment Board, Kirkee, Pune : 411 003. ...Respondents ***** Mr.Subhash V. Gutte, Advocate for the Petitioner. Mr.Rishabh Jadhav i/b. Parinam Law Associates, Advocate for Respondent Nos.3 and 4. ***** CORAM : M.S.KARNIK & S. M. MODAK, JJ. DATE : 13th JANUARY 2026 ORAL JUDGMENT (PER : M.S.KARNIK, J.) :- Satish Sangar 1/9 42-WP-10082-2017.doc 1. By this Petition, the challenge by the petitioner, a teacher working in a school run by the Cantonment Board, is to the communication refusing to grant her invalidated pension under Rule 38 of Central Civil Services (Pension) Rules, 1972 (“Pension Rules”, for short). The petitioner, vide undated communication, informed the Chief Executive Officer of the Cantonment Board that though her pension was started and in fact, she did receive the pension up to January–2014 for 11 months, due to some mistake, her pension was stopped from February–2014. This was in response to the communication issued by the Cantonment Board vide letter dated 14 th February 2014 to submit a medical certificate issued by the Civil Surgeon from Sasoon Hospital for audi