Bombay High Court
SHRIHARI SHANKARRAO KOLI KAMBLEversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the Scrutiny Committee must permit the petitioners not to press their proposals and the Zilla Parishad must process their pension papers and extend all pensionary benefits.
Summary
The petitioners, government employees whose tribal validity certificates were pending before the Scrutiny Committee, were super‑annuated. The State Government, by a resolution dated 14‑12‑2022, created supernumerary posts for such employees, granting them pensionary benefits but denying promotion and compassionate appointment. The petitioners contended that they should receive full pensionary benefits despite the pending certificates. The Court noted its earlier orders in similar writ petitions and relied on two prior judgments permitting exemption from pressing proposals before the Scrutiny Committee. It directed the petitioners to file affidavits and ordered the Scrutiny Committee to allow them not to press their proposals within two weeks. Consequently, the Zilla Parishad was instructed to process the pension papers and extend all pensionary benefits to the petitioners.
Issues considered
- Whether employees whose tribal validity certificates are pending and who have been super‑annuated are entitled to full pensionary benefits, including promotion and compassionate appointment.
- Whether the Scrutiny Committee can be directed to permit such employees not to press their proposals for tribal validity.
Subjects
- superannuation
- pensionary benefits
- tribal validity certificate
- Scrutiny Committee
- supernumerary posts
- government employees
- compassionate appointment
Judgment
2026:BHC-AUG:30636-DB
(1) 44 WP 13992 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
44 WRIT PETITION NO. 13992 OF 2025
WITH
CIVIL APPLICATION NO. 3585 OF 2026
IN WP/13992/2025
VISHWANATH LAXMANRAO RENEWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
WITH
WRIT PETITION NO. 5855 OF 2025
WITH
CIVIL APPLICATION NO. 4539 OF 2026
IN WP/5855/2025
SHRIHARI SHANKARRAO KOLI KAMBLE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND
OTHERS
WITH
WRIT PETITION NO. 13995 OF 2025
WITH
CIVIL APPLICATION NO. 3581 OF 2026
IN WP/13995/2025
HANMANLU GAJENNA KARBALWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
WITH
WRIT PETITION NO. 13996 OF 2025
WITH
CIVIL APPLICATION NO. 3584 OF 2026
IN WP/13996/2025
AVINASH RAMKISHAN PAKALWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
(2) 44 WP 13992 OF 2025
Mr. C. R. Thorat, Advocate for the Petitioners
Mr. S. R. Yadav – Lonikar, AGP for Respondent/State
Mr. B. B. Bhise, Advocate for Respondents/Zilla Parishad
…
CORAM : KISHORE C. SANT AND
AJIT B. KADETHANKAR, JJ.
DATE : 22.07.2026
PER COURT :-
. Writ Petition No.13451 of 2025 and Civil Application No.3580 of
2026 are not on board. Taken on board.
2. Considering the prayers and reliefs sought in the Petitions, this
Court finds that the Petitions can be conveniently disposed off.
3. This Court in Writ Petition Nos.303/2025, 266/2025 and
1375/2025 has already passed the order. Both the parties accept to the said
position.
4. It is the case of the Petitioners that the proposal of tribe validity
certificate is still pending with the Scrutiny Committee. Pending said proposal,
the Petitioner stood super-annuated. The State Government by Government
Resolution dated 14.12.2022 created supernumerary posts in respect of such
of the Government employees who have faced invalidation, directing them to
be transferred to such supernumerary posts and they have been held entitled
(3) 44 WP 13992 OF 2025
to have all the pensionary benefits. However, they are not entitled to
benefit of promotion and the policy of compassionate appointment.
5. In said orders, this Court further relied upon two judgments
whereby such employees were permitted not to press their proposals before
the Scrutiny Committee and a direction was issued extending all the
pensionary benefits.
6. In view of the above, the Petitions stand disposed off with
following order :-
a. The Petitioners shall file affidavit before the Scrutiny
Committee and the Committee shall permit them not to
press the proposals within two weeks.
b. On such compliance being made the Respondent/Zilla
Parishad shall process Petitioners’ pension papers and
extend all the pensionary benefits.
7. Pending Civil Applications, if any, stand disposed of.
( AJIT B. KADETHANKAR, J. ) ( KISHORE C. SANT, J. )
PRW
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