Bombay High Court
VIJAY BALRAM PAGAREversusTHE STATE OF MAHARASHTRA THROU. THE SEC. MINISTRY OF EDUCATION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the respondents to refund Rs.6,69,668 with interest at 6% per annum to the petitioner.
Summary
Vijay Balram Pagare, a former part‑time librarian, filed a writ petition seeking that his part‑time service be counted together with his full‑time service for pension benefits under the Old Pension Scheme. The High Court set aside the earlier order dated 29 May 2026 and directed the respondents to process his pension and submit the proposal within three weeks. Subsequently, Pagare applied for a further order directing the State to refund Rs.6,69,668 deducted towards the National Pension System (NPS) along with 6% per annum interest, claiming the amount was erroneously withheld. The respondent’s Advocate General’s Panel (AGP) raised no objection to the relief. The Court incorporated a new paragraph in its order, directing the respondents to repay the specified amount with interest and corrected the order accordingly.
Issues considered
- Whether the State should refund the amount deducted towards the National Pension System to the petitioner along with interest.
Subjects
- pension
- part‑time service
- National Pension System
- refund
- interest
- writ petition
- High Court
Judgment
MENTIONED-WP-10544-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10544 OF 2026
Vijay Balram Pagare ...Petitioner
Versus
The State of Maharashtra
Through The Sec. Ministry of Education & Ors. ...Respondents
_______
Ms Pranita P Hingmire, for Petitioner.
Mr A C Bhadang, AGP, with Nisha M Mehra, AGP for Respondent-State.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 30 SEPTEMBER 2026
P.C.
1. Not on Board. Upon mentioning, taken on board on a praecipe moved on
behalf of the Petitioner for ‘Speaking to the Minutes’ of the order dated 21 st
September 2026.
2. By an order dated 21st September 2026, this Writ Petition was disposed of
by setting aside the order dated 29 th May 2026 as impugned and directed the
Respondents that the service rendered by the Petitioner as a part-time librarian
shall be taken into consideration, along with the entire service rendered as a full-
time librarian, for the purpose of qualifying service for pensionary benefits.
Accordingly, Respondent Nos.5 and 6 were directed to submit the pension
proposal to Respondent No.4-Education Officer within a period of three weeks
from the date of said order, if not already submitted, and the concerned authorities
were directed to decide the same and take further steps to disburse the pension to
the Petitioner under the Old Pension Scheme within a period of two weeks
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MENTIONED-WP-10544-2026.DOC
thereafter. The Respondents were accordingly directed to pay the pension to the
Petitioner calculated as per the Rules.
3. The application today on behalf of the Petitioner is that the Petitioner had
specifically prayed that the Respondents be directed to repay/refund to the
Petitioner an amount of Rs.6,69,668/- (Six lakhs Sixty Nine Thousand Six
Hundred Sixty Eight Only) along with interest payable which has been deducted
towards National Pension System within stipulated time, which inadvertently has
not been included.
4. Mr Bhadang, learned AGP, would not have any objection to such relief
being granted.
5. Accordingly, after paragraph number 8 of the said order, following
paragraph be incorporated:-
“9. The Respondents are directed to repay/refund to the Petitioner an
amount of Rs.6,69,668/- (Six lakhs Sixty Nine Thousand Six
Hundred Sixty Eight Only) along with interest at the rate of 6% p.a.
deducted towards the National Pension System within the stipulated
period.”
6. The order be corrected accordingly and be made available to the parties.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
SHAMBHAVI
NILESH
SHIVGAN
Digitally signed by
SHAMBHAVI
NILESH SHIVGAN
Date: 2026.10.01
16:25:35 +0530
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