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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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