Bombay High Court

RUKHAMINIBAI RAGHUNATHRAO LATE THROUGH LRS BALASAHEB RAGHUNATHRAO LATEversusAJOI METHA CHIEF SECRETARY GOVERNMENT OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the representation of the petitioner had already been decided and therefore disposed of the contempt petition, granting liberty to approach the appropriate forum for the correct pension date.

Summary

In Contempt Petition No. 121 of 2020, the petitioner Rukhaminibai, represented by her legal heirs, challenged the State's decision to grant her pension from an incorrect date of 1 January 2024 instead of the claimed entitlement date of 1 January 2019. The petitioner argued that the representation of her claim had been decided but the pension commencement date was erroneous. The Court examined the representation order and found that the matter of representation had already been settled. Consequently, the Court disposed of the contempt petition, granting the petitioner liberty to initiate appropriate proceedings to obtain the pension from the correct, earlier date. No substantive merits on the pension date were adjudicated, but the petition was closed with permission to seek redress elsewhere.

Issues considered

What is the correct date from which the petitioner is entitled to pension?
Has the representation of the petitioner by the State been validly decided?
Can the contempt petition be disposed while allowing the petitioner to pursue further relief?

Subjects

pension
representation
contempt petition
government employee
date of entitlement
legal remedy

Judgment

2026:BHC-AUG:37448-DB

                                                                            121.20CP

                                                1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          907 CONTEMPT PETITION NO. 121 OF 2020
                                    IN WP/5870/2018

                   RUKHAMINIBAI RAGHUNATHRAO LATE THROUGH LRS
                           BALASAHEB RAGHUNATHRAO LATE
                                           VERSUS
                  SHRI MANOJ SAUNIK CHIEF SECRETARY, GOVERNMENT
                              OF MAHARASHTRA & OTHERS
                                               ...
                       Advocate for the Petitioner : Mr.Amol S.Gandhi
                        AGP for Respondent-State : Mr.G.A.Kulkarni
                                               …

                                      CORAM :       SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                      DATE      :   18.08.2026
                 P.C. :


                 1]          Heard. The direction in this matter is for deciding

                 the representation of the petitioner by respondent–State.



                 2]          The   learned   counsel   for   the   petitioner,   on

                 instructions, submits that the respondent no.1 has decided

                 representation of the petitioner and granted pension, but

                 from the wrong date i.e. from 1st January, 2024, instead of

                 01.01.2019.



                 3]          Be that as it may, the representation of the

                 petitioner is already decided, as such, we dispose of this
                                                     121.20CP

                             2

Contempt Petition, by granting liberty to the petitioner to

initiate any proceedings, as permissible under law for

granting him pension from the belated date.




[VAISHALI PATIL-JADHAV]          [SANDIPKUMAR C.MORE]
        JUDGE                         JUDGE


DDC

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