Bombay High Court

ARUN DINKAR KAMBLEversusTHE STATE OF MAHARASHTRA THR. ITS THE SECRETARY, SCHOOL EDUCATION AND SPORTS DEPT. AND ORS

Disposal: Disposed Off

Holding

The contempt petition is disposed of as the decision on the Old Pension Scheme was taken on 16 December 2025, rendering the petition no longer maintainable.

Summary

The petitioners, Arun Dinkar Kamble and others, alleged that the State of Maharashtra failed to comply with a Division Bench order dated 22 December 2023 which required the Deputy Director of Education to decide whether the petitioners were governed by the Old Pension Scheme and to issue appropriate directions. The State, through its Additional Government Pleader, submitted an affidavit stating that a decision was taken on 16 December 2025 by the competent authority, concluding that the Old Pension Scheme does not apply to the petitioners. The court examined the affidavit and noted that the contested decision had already been rendered. Consequently, the court held that the contempt petition was no longer maintainable and disposed of it, indicating that the petitioners could challenge the adverse decision through separate proceedings. No further orders were made regarding the pension scheme itself.

Issues considered

Whether the State complied with the Division Bench order dated 22 December 2023 directing a decision on the applicability of the Old Pension Scheme
Whether the filing of a contempt petition is appropriate after the decision has been taken by the competent authority

Subjects

contempt of court
pension scheme
administrative decision
compliance with court order
civil procedure

Judgment

2026:BHC-KOL:8757-DB

26-CP-555-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. 555 OF 2025

Arun Dinkar Kamble ...Petitioner
Versus
The State Of Maharashtra Thr. Its The Secretary, ...Respondents
School Education And Sports Dept. And Ors

——————
Mr. Ketan Pote a/w Ms. Surekha Kamble i/b Mr. Arvind Ambetkar, for the
Petitioner.
Ms. Tejas Kapre, AGP for the Respondent-State.
——————
Coram : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
Date : SEPTEMBER 10, 2026
P. C. :

1. By the present Petition, the allegation is of non-compliance of the

order dated 22nd December, 2023 passed by the Hon’ble Division Bench

directing the Deputy Director of Education/ Education Officer to decide

the case of each Petitioner regarding the applicability of the Old

Pension Scheme, and in the event, the Petitioners are held to be

governed by the Old Pension Scheme, to issue necessary directions.

2. Learned AGP would point out the affidavit-in-reply, and in

particular, paragraph 11 thereof, which says that a decision was taken by

the competent authority on 16th December, 2025. She would submit

Arya Chavan 1 of 2
26-CP-555-2025.doc

that the Respondents have found that the Old Pension Scheme is not

applicable to the Petitioners. She would further submit that, in the

event, the Petitioners are aggrieved by the decision, it is open for them

to challenge the same by way of independent proceedings.

3. Considering the affidavit-in-reply and as the decision has now

been taken on 16th December, 2025, the Contempt Petition stands

disposed of. In the event, any adverse order is passed, it is open for the

Petitioner to adopt independent proceedings to challenge the same.

[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]

Arya Chavan 2 of 2

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