Bombay High Court

SATISH SHAMRAO KALEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER

Disposal: DISPOSED OFF
Bench: KISHORE C SANT AJIT B KADETHANKAR

Holding

Petitioners are entitled to full pension benefits and may be exempted from pressing proposals before the Scrutiny Committee, but are not entitled to promotion or compassionate appointment.

Summary

The petitioners, government employees whose tribe validity certificates were pending before the Scrutiny Committee, were placed in superannuation. The State of Maharashtra had created supernumerary posts for such employees, granting them pension benefits but denying promotion and compassionate appointment. The petitioners sought relief to have their proposals not pressed before the Committee and to receive full pension benefits. The Court, relying on earlier orders in similar cases, directed the petitioners to file an affidavit and ordered the Scrutiny Committee to permit them not to press the proposals within two weeks, after which the Zilla Parishad must process their pension papers and extend all pension benefits. Accordingly, the writ petitions and any pending civil applications were disposed of.

Issues considered

Whether employees with pending tribe validity certificates are entitled to full pension benefits despite being superannuated.
Whether such employees can be exempted from pressing their proposals before the Scrutiny Committee.
Whether the employees are entitled to promotion or compassionate appointment under the State resolution.

Subjects

pension
superannuation
tribe validity certificate
Scrutiny Committee
government resolution
promotion
compassionate appointment
writ petition
civil application

Judgment

2026:BHC-AUG:30626-DB



                                           (1)                   38 WP 5235 OF 2025


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            38 WRIT PETITION NO. 5235 OF 2025
                                           WITH
                            CIVIL APPLICATION NO. 4567 OF 2026
                                     IN WP/5235/2025

                                SATISH SHAMRAO KALE
                                       VERSUS
            THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND
                                      ANOTHER

                                           WITH
                              WRIT PETITION NO. 5874 OF 2025
                                           WITH
                            CIVIL APPLICATION NO. 4569 OF 2026
                                     IN WP/5874/2025

                                 SINDHU CHANDRAKANT KADAM
                                               VERSUS
           THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND
                                              ANOTHER
                                                  ...
           Mr. C. R. Thorat, Advocate for the Petitioner
           Mr. R. S. Wani, AGP for Respondent No.1 – State
           Mr. S. S. Dambe, Advocate for Respondent No.2
                                                 AND
                                WRIT PETITION NO.13451 OF 2025
                                                WITH
                               CIVIL APPLICATION NO.3580 OF 2026
                                        IN WP/13451/2025

                                 PRAKASH SAMBHAJI BEDKEWAD
                                               VERSUS
           THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND
                                               OTHERS
                                                  …
           Mr. C. R. Thorat, Advocate for Petitioner
           Mr. S. B. Pulkundwar, AGP for Respondent /State
                                      (2)                          38 WP 5235 OF 2025


                                       …

                                 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

to have all the pensionary benefits. However, they are not entitled to

benefit of promotion and the policy of compassionate appointment.
                                      (3)                        38 WP 5235 OF 2025


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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