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Bombay High Court

PANDURANG NARAYAN PATILversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The review application is dismissed; although the erroneous superannuation statement is recalled, the petitioner is not identically placed with the other petitioners and therefore cannot receive the same relief.

Summary

The Aurangabad bench of the High Court of Bombay heard a review application filed by Pandurang Narayan Patil, who contested a prior order that incorrectly stated he had superannuated. Patil sought to recall that statement and obtain the same relief granted to other petitioners in related writ petitions concerning the 10% reservation quota for village panchayat employees. The court allowed the recall of the erroneous statement but held that Patil, having turned 45 in 2014, was not identically placed with the other petitioners who became age‑barred later, and therefore could not be included in the seniority list or receive appointments. Consequently, the review application was dismissed and the pending civil application was disposed of. The application for condonation of delay was allowed.

Issues considered

  • Whether the statement that the petitioner was superannuated can be recalled.
  • Whether the petitioner is identically placed with other petitioners for relief under the 10% reservation quota.
  • Whether relief can be granted to a petitioner who became age‑barred in 2014.
  • Whether the review application should be dismissed.

Subjects

  • age bar
  • superannuation
  • reservation quota
  • seniority list
  • review application
  • condonation of delay
  • Zilla Parishad
  • village panchayat
  • 10% quota
  • civil procedure

Judgment

2026:BHC-AUG:21450

                                         1                        ca5454.2026+

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 5454 OF 2026
                                          WITH
                                     RAST/13831/2026

                                PANDURANG NARAYAN PATIL
                                           VERSUS
                   THE STATE OF MAHARASHTRA THR THE SECRETARY AND
                                           OTHERS
                                                ...
                              Advocate for Applicant / Petitioner :
                     Ms. Sharayu K. Dhanture h/f. Mr. Gore Ravindra Vitthal
                           AGP for Respondent/State: Mr. J. P. Reddy
                         Advocate for Non-applicant / Respondent No.4 :
                                      Mr. N. E. Deshmukh
                                                …
                                             WITH
                            CIVIL APPLICATION NO. 5455 OF 2026
                                                IN
                                       RAST/13831/2026
                                                ...

                                         CORAM : ARUN R. PEDNEKER &
                                                 VAISHALI PATIL-JADHAV, JJ.
                                         DATE     : 08.05.2026

              PER COURT:

              1.          Heard.


              2.          The present Review Application is filed along with

              application for condonation of delay of 44 days. The learned

              counsel for the non-applicant / respondent has no objection for the

              condonation of delay. Accordingly, the civil application for

              condonation of delay is allowed.
                           2                           ca5454.2026+

3.         Ms. Sharayu K. Dhanture holding for Mr. Gore Ravindra

Vitthal, learned counsel for the Applicant has invited our attention

at Paragraph No.4 of the order dated 20.02.2026 under review,

wherein she made a statement that the the Applicant Pandurang

Narayan Patil / Petitioner in Writ Petition No.3110 of 2019 has

superannuated. In the present Review Application, she submits

that the Applicant / Petitioner – Pandurang Narayan Patil is not

superannuated and still working and the case of the Applicant /

Petitioner – Pandurang Narayan Patil would be identically placed

as the other petitioners in connected Writ Petition No.1964 of 2018,

Writ Petition No.1957 of 2018 and 2042 of 2018. She submits that

her statement may be permitted to be recalled and the relief

granted to the other Petitioners may also be granted to the

Applicant / Petitioner – Pandurang Narayan Patil in Writ Petition

No.3110 of 2019.

           She is permitted to recall the statement. The statement

made in Paragraph No.4 of the order dated 20.02.2026 in Writ

Petition No.3110 of 2019 as noted above is recalled.


4.         However, Mr. N. E. Deshmukh, the learned counsel

appearing for Respondent No.4 submits that the Applicant /

Petitioner – Pandurang Narayan Patil is not identically placed as

similar to the other Petitioners in connected writ petitions. He
                           3                        ca5454.2026+

submits that his age was 45 years in the year 2014, whereas the

other Petitioners became age barred somewhere in the year 2017-

2018. The Division Bench of this court in Writ Petition No.8289 of

2019, by Judgment and Order dated 10.11.2025, has observed that

after 2015 till 2018 no steps whatsoever were taken for making

recruitment from the 10% quota of the employees of Village

Panchayat as a result of which the petitioners have crossed the age

of 45 years and they have been deprived from being absorbed in

the employment of Respondent No.3 - Zilla Parishad for no fault on

their part.


5.            Considering the above factual situation the other

Petitioners were not at fault, this court permitted the Petitioners

to include their names in the seniority list and to give

appointments as per the seniority list.


6.            However, the Petitioner / Review Applicant became

time barred on having attained the age of 45 years in the year

2014. The Zilla Parishad contends that 10% quota of employees of

village Panchayat were filled in prior to 2015 and the Petitioner

was not absorbed as he was not falling within the 10%. He further

submits that the Petitioner’s contention in the Writ Petition has

been that the juniors are appointed.
                            4                           ca5454.2026+

7.          In any event, the case of Review Applicant is not

identical to the connected Writ Petitions. He thus submits that no

relief can be granted to the Petitioner on the similar lines.


8.          The learned counsel for the Applicant / Petitioner has

not been able to dispute this factual aspect that the Applicant /

Petitioner was age 45 years in 2014 and that the Zilla Parishad has

specifically contended before this court that they have to take in

10% reserved quota.


9.          The Petitioner cannot be granted similar benefits as

granted to the Petitioners in connected Writ Petitions. Thus, no

case is made out for interference.


10.         The Review Application stands dismissed.


11.         In view of dismissal of the Review Application. Pending

Civil Application is also disposed of.




[VAISHALI PATIL-JADHAV, J.]                  [ARUN R. PEDNEKER, J.]


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