MAHENDRA VILAS PHALKE AND ORSversusTHE STATE OF MAHARASHTRA THRU THE PRIN. SECRETARY, PUBLIC HEALTH DEPT. AND ORS

                                                                          9-IA-3789-2026.DOC




                                                                                      Rekha Patil

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                  INTERIM APPLICATION NO. 3789 of 2026
                                                  IN
                                    WRIT PETITION NO. 11453 OF 2023

                      Mahendra Vilas Phalke & Ors.                               ...Applicants
                      IN THE MATTER BETWEEN
                      Mahendra Vilas Phalke & Ors.                               …Petitioners
                            Versus
                      The State of Maharashtra through the Principal        …Respondents
                      Secretary, Public Health Department & Ors.


                      Mr. Abhijeet A. Desai with Ms. Mohini A. Desai (Rehpade), Mr.
                             Vijay P. Singh, Mr. Manan Daga, Ms. Daksha P., G. Shaik i/b
                             Desai Legal LLP, for the Applicants/Petitioners.
                      Mr. B. V. Samant, Addl. G. P. with Ms. R. A. Salunkhe, AGP, for the
                             Respondents-State.
                      None for the Respondent No.7-AG.


                                           CORAM:        SUMAN SHYAM &
                                                         GAUTAM A. ANKHAD, JJ.
                                           DATED:        22nd SEPTEMBER 2026.
                      PC:-

                      1.     The Representative of the office of the Accountant General

                      has not appeared in this case despite service of notice.


                      2.     The claim of the Original Applicants/Writ Petitioners to

                      continue in service upto the age of 60 years, as against the original

                      statutory prescription of 58 years, has been declined by the learned
REKHA
PRAKASH
PATIL
Digitally signed by
REKHA PRAKASH
PATIL
Date: 2026.09.23
11:09:37 +0530




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Maharashtra Administrative Tribunal (‘MAT’), by the impugned

Judgment and Order dated 31st August, 2023, passed in Original

Application No. 623 of 2023.


3.    Aggrieved by the order dated 31st August, 2023, the Original

Applicants, as Writ Petitioners, have approached this Court by

filing this Writ Petition. By the interim order dated 5 th October,

2023, passed in this proceeding, the Writ Petitioners have been

permitted to continue in service until such time, they attained the

age of 60 years. There is no controversy about the fact that all the

Writ Petitioners, in the meantime, have crossed 60 years and,

therefore, viewed from any angle, they have retired from service

upon attaining the age of superannuation. The only question that

is, now material is, as to whether, their pensionary claims should

be settled by taking the age of retirement as 60 years or it should

be done by treating the same as 58 years. The aforesaid issue is

subjudice before this Court in the pending Writ Petition No. 11453

of 2023. Hearing of the Writ Petition may take some time.


4.    Under such circumstances, the Writ Petitioners have taken

out this Interim Application seeking an interim order directing the

Respondents for settling their pension and other retirement dues




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by treating the retirement age as 60 years, based on the last drawn

pay. The Application has, however, been stoutly opposed by Mr. B.

V. Samant, learned AGP appearing for the State.


5.    On a pointed query made by this Court, Mr. Desai, learned

Counsel for the Applicants/Petitioners has submitted that without

prejudice to the rights and contentions of his clients in the Writ

Petition, the Writ Petitioners will be willing to provisionally accept

the pension and other retirement dues, based on their last drawn

pay on attaining the age of 58 years. However, such settlement

must be made subject to the final order passed in Writ Petition. Mr.

B. V. Samant, learned AGP, is agreeable to such a recourse.


6.     In view thereof, without expressing any opinion on the

merit of the claim of the Applicants/Writ Petitioners, we dispose of

this Interim Application by providing that the pension and other

retirement dues of the Applicants be settled, on the basis of their

last pay drawn, by treating their age of retirement as 58 years.

Such settlement of retirement dues would, however, be without

prejudice to the rights and contentions of the Applicants in the

pending Writ Petition and shall be subject to the further order that

may be passed therein.




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7.    Needless to say that the pension and other retirement dues

of the Applicants should be settled, in terms of this order, as

expeditiously as possible, but not later than 60 (sixty) days form

the date of uploading of this order.


8.    Interim Application stands disposed of accordingly.



(GAUTAM A. ANKHAD, J.)                       (SUMAN SHYAM, J.)
                                                                    {




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