Bombay High Court
MAHADEV CHANDRAM SHIVPUREversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the petitioner need not press the proposal for a Tribe Validity Certificate and ordered the respondent to process and release the retirement benefits.
Summary
Petitioner Mahadev Chandram Shivpure filed a writ petition seeking a mandamus directing the Zilla Parishad to release his retirement benefits, including gratuity and pension, which were withheld because he had not submitted a Tribe Validity Certificate. The Court noted earlier judgments (Shankar Shamanna Tangdelu, Ashok Kishanrao Ardade, and Harishchandra Ganpati Koli) that dealt with the same issue. Relying on those precedents, the Court ordered the petitioner to file an affidavit stating he will not press for a tribe‑validity certificate, and directed the respondent to process and release the pension benefits within eight weeks. The order effectively granted the relief sought, subject to the affidavit compliance. The petition was therefore disposed of with directions for compliance.
Issues considered
- Whether the petitioner is entitled to retirement benefits despite the absence of a Tribe Validity Certificate.
- Whether the High Court can issue a mandamus directing the release of such benefits.
- Whether the petitioner must obtain a tribe‑validity certificate before the benefits can be released.
Subjects
- mandamus
- retirement benefits
- gratuity
- pension
- Tribe Validity Certificate
- Scheduled Tribe
- writ petition
- High Court
- Zilla Parishad
Judgment
2026:BHC-AUG:38747-DB
*1* 33-wp-106600-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
33 WRIT PETITION NO. 10660 OF 2026
Mahadev Chandram Shivpure
VERSUS
The State Of Maharashtra Through The Secretary And Others
…
Mr. Prashant D. Suryawanshi, Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
Mr. B. B. Bhise, Advocate for Respondent Nos.3 to 5
...
CORAM : NITIN B. SURYAWANSHI &
ABASAHEB D. SHINDE, JJ.
DATE : 27th AUGUST 2026
P. C. (Per Abasaheb D. Shinde J.):-
1. Heard. By this writ petition, the petitioner has put forth
the following prayers :-
“A. The writ petition may please be allowed.
B. By issuing Writ of mandamus or any other appropriate writ or
direction in the like nature, be please to direct the respondent
No.3 release all the retirement benefits of the present petitioner
including her Gratuity and Pension amount which are withheld on
the ground of non submission of the Tribe Validity Certificate.”
2. Learned Counsel for the petitioner has invited our
attention to the orders passed by this Court in Writ Petition No.
12274 of 2024 on 28.11.2024 in the case of Shankar Shamanna
Tangdelu vs. The State of Maharashtra and others , in Writ
Petition No.13639 of 2025 dated 17.12.2025 in the case of
Ashok Kishanrao Ardade vs. The State of Maharashtra and
Narwade
*2* 33-wp-106600-2026
others and in Writ Petition No. 1636 of 2026 in the case of
Harishchandra Ganpati Koli Vs. The State of Maharashtra
through its Secretary and Others, wherein this Court has dealt
with identical issue involved in this writ petition.
3. Considering these orders and the relief sought in the writ
petition, we find that this petition can also be disposed of in the
light of the orders passed by this Court (supra). In that view of
the matter, we pass the following order :-
:: ORDER ::
i. The petitioner shall file an affidavit before the Scrutiny
Committee stating that the petitioner does not wish to press
his proposal for issuance of validity certificate of belonging
to ‘Mahadev Koli’, Scheduled Tribe and the Committee shall
permit the petitioner not to press the proposal within two
weeks thereafter.
ii. On such compliance being made, the respondent no.3-
Zilla Parishad shall process the petitioner’s pension papers
and extend all the pensionary benefits, as expeditiously as
possible and preferably within a period of eight (8) weeks
from today.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Narwade
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