KRISHNAKUMAR VITTHALSINGH PARDESHIversusSTATE OF MAHARASHTRA THR THE SEC. RURAL DEV. DEPT. AND ORS

                                                                        3_WP_11031_2025.DOC


Prasad
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                            WRIT PETITION NO.11031 OF 2025

         Krishnakumar Vitthalsingh Pardeshi                          ...Petitioner
                Versus
         State of Maharashtra
         through the Secretary Rural Development & Ors.              ...Respondents

                                           _________

         Mr. CT Chandratre, for the Petitioner.
         Ms. M.P. Thakur, AGP for the Respondent No.1 – State.
         Mr. Pradip Patil, for the Respondent Nos.2 to 4.

                                           _________


                                          CORAM:         G. S. KULKARNI &
                                                         DR. NEELA GOKHALE, JJ.

                             RESERVED ON:                24th AUGUST 2026
                             PRONOUNCED ON:              31st AUGUST 2026

         JUDGMENT (Per Dr. Neela Gokhale, J.)

         1.    By this petition, the Petitioner seeks a direction to the Respondents to

         decide his representation dated 05th June 2025, expeditiously. By way of the

         representation, the Petitioner had sought an early decision on his pensionary

         claim, as his claim remained undecided on account of a belated objection raised

         by the Respondents of the Petitioner not having undergone a mandatory Marathi

         Language Examination as per the terms of the service.

         2.    The Petitioner was appointed as a Pharmacist (Class – III) on 8 th January

         1993, in the office of the Chief Executive Officer, Zilla Parishad, Thane (CEO -

         Thane). Thereafter, he was transferred to Zilla Parishad – Palghar. The


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Respondent No.1 is the State of Maharashtra; the Respondent No.2 is the District

Health Officer of the Zilla Parishad, Palghar; the Respondent No.3 is the Medical

Officer of the Primary Health Centre, Palghar; and Respondent No.4 is the CEO

of Palghar Zilla Parishad.

3.     The Petitioner was promoted to the post of Pharmacy Officer and by order

dated 4th December 2006 was declared as quasi permanent. He superannuated on

31st July 2023.

4.     Marathi Language Examination Rules of 1987 were issued by the General

Administration Department (GAD). Rule 3 of the said rules requires a

Government Servant to pass an examination of proficiency in Marathi language,

within two years from the date of their appointment. Rule 4 provides for an

exemption from passing the said exam, subject to certain terms and conditions

mentioned therein. By notification dated 7 th February 2001 of the GAD, Rule 4

was amended and the amended Rule added an exemption that a person who

claims Marathi to be his mother tongue is exempt from passing the said exam

subject to satisfaction of the following conditions:

             a) he should be capable of writing effortlessly in Devanagari script;

             b) he should produce a certificate that he was educated upto 7 th

             Standard in Marathi medium; and

             c) he should produce a certificate from a superior officer that he

             can correspond in Marathi.

5.     The Government Resolution dated 20th May 2003, issued by the General


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Administration Department further exempted candidates who retired during 1 st

January 1996, and 30th April 2003 from fulfilling the conditions of the said Rules.

6.     The Petitioner having served for as many as 30 years, superannuated on

31st July 2023. While fixing his retiral benefits, the Respondent No.2 raised a

query regarding the Petitioner not having passed / appeared for the Marathi

Language Exam. There is correspondence between the Respondents inter se in

this regard and finally the Respondent No.1 directed the Competent Authority to

decide upon the issue regarding the Petitioner not having appeared / passed in the

Marathi Language Exam in terms of the relevant Rules of the Government

Resolution dated 8th May 2003. The fixation of pensionary benefits to the

Petitioner depended upon the decision regarding relaxation of the Rule

mandating passing of the Marathi Language Exam. The Petitioner had also made

a representation to the Respondents to fix his pension and to decide the issue

regarding non-appearance / non-passing in the Marathi Language Exam. The

representation is still pending decision. Thus, aggrieved by the inaction on the

part of the Respondents in deciding his representation, the Petitioner has filed the

present petition for the reliefs as prayed.

7.     While granting time to the Respondents to file their reply, this Court by

order dated 19th August 2025, directed the Respondent No.4 to ensure that the

provisional pension to the extent of 90% is paid to the Petitioner. Accordingly, we

are told that 90% of his pension is being paid to the Petitioner.

8.     Mr. Pradip Patil, learned Advocate represented Respondent Nos.2 to 4 and

Ms. M.P. Thakur, learned AGP appeared for the State. We heard the learned

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Counsel and perused the record with their assistance.

9.     The Petitioner has averred in his petition that he is a resident of

Maharashtra and his mother tongue is Marathi. He is well-versed in the language.

Since his appointment in 1993, he has performed his duties in Marathi Language

and Devenagari script. Till his retirement he was never informed regarding the

requirement of passing the Marathi Language Exam. Furthermore, he is entitled

to exemption as per the relevant Rules. On these grounds amongst others the

Petitioner prays that the petition be allowed.

10.     Mr. Patil and Ms. Thakur submitted that pursuant to Order dated 19 th

August 2025, the Petitioner is being paid a provisional pension to the extent of

90% of his total pension. Mr. Patil submitted that the Petitioner has suppressed

facts in the petition and hence his petition should be dismissed on this ground

alone. He submitted that the Petitioner has not placed on record his appointment

letter containing the terms of his appointment. He drew attention to Clause 5 of

the terms which provided that the Petitioner shall pass such language and other

departmental examinations as may be required by the Government. Hence,

according to Mr. Patil, the Petitioner was well aware of the conditions of his

appointment. Further, Mr. Patil assailed the very appointment letter of the

Petitioner by saying that the same was forged. He further submitted that the Rules

are sacrosanct and the Petitioner was required to pass the Marathi Language

Exam. Not having done so he is not entitled to his pensionary benefits. In fact,

Mr. Patil submitted that the authority to decide the Petitioner’s representation

seeking exemption from the said exam is within the purview of the Government

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and the Respondent Nos.2 to 5 have no role in that regard. The Government of

Maharashtra – Respondent No.1 has directed the Respondent Nos.2 to 4 to

decide the Petitioner’s representation as per the relevant Rules and hence, they are

contemplating as directed. Thus, Mr. Patil urged the Court to dismiss the petition.

11.    Before we consider the factual matrix involved in the present case, we find

it necessary to record our strong disapproval for the inaction of the Respondents

in failing to decide the Petitioner’s representation dated 5 th June 2025 within a

reasonable period. We further find it ludicrous that no objection was ever raised

by the Respondents to the Petitioner for not satisfying the condition of passing

the Marathi Language Examination and it is only when the Petitioner

superannuated and requested his pensionary benefits, the Respondents found it

necessary to raise the issue about the said condition. The stodginess on the part of

the Respondents is in fact demonstrated by the fact that despite not passing the

Marathi Language examination, the Petitioner was promoted as a Pharmacy

Officer and was even made permanent. The Respondent’s belated objection is

preposterous and absurd.

12.    We have perused the relevant Rules. The notification dated 7 th February

2001 issued by the GAD reads thus:

                         GENERAL ADMINISTRATION DEPARTMENT
                      (Mantralaya, Mumbai- 400 032 dated 7 th February2001)

                                         NOTIFICATION
       Constitution Of India
       No. MBMAR1007/1652/ Cr-72/97/XXB- In exercise of the power conferred by the
       provision to Article 309 of Constitution of India, the Governor of Maharashtra is hereby
       pleased to make the following Rules to amend the Maharashtra Govt. Servants (other
       than High Court servants) Marathi Language Examination Rules 1987 namely :-

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       1. These Rules may be called the Maharashtra Govt. Servants (other than High Court
       services) Marathi Language Examination amendment Rules 1999
       2. In Rule 4 of the Maharashtra Government Servants (other than High Court Servants)
       Marathi Language Examination Rules1987-
          (a) After Sub Rule (1) the following sub-rule shall be inserted, namely :-
          (1A) A Government servant who passes the Secondary School Certificate
          Examination after entering in to the Government service, with Marathi as a Higher
          Standard or Lower Standard subject and obtains not less than 50 percent marks,
          shall be exempted from passing of paper-1 of the Higher Standard Examination or as
          the case may be,lower standard examination.”
          (b) For sub-rules (2) and (3) following shall be substituted namely :-
          "(2) A Government servant-
          (i) Who claims that his mother tongue is Marathi;
              or
          (ii) Who does not claim that his mother tongue is Marathi but that he has studied in
          Marathi medium and who has not passed Secondary School Certificate Or Higher
          Standard Examination with Marathi, Shall fulfill the following conditions for getting
          exemption from these rules :-
          (a) He should be able to right with facile in Devnagari Script;
          (b) He should produced a certificate from the concerned Institute indicating that he
          has taken education in Marathi medium at least up to 7th Standard; and
          (c) he should produce a certificate from the Head of Department/ office that he can
          correspond in Marathi.”
          By order and in the name of Governor of Maharashtra.


                                                                        M.V. Kokane,
                                                                        Joint Secretary,”


13.    It is clear from the terms of the notification that the Rule mandating

passing of the Marathi Language Examination has certain exemptions.

Admittedly, the Petitioner has served 30 long years in the department and has

communicated proficiently in Marathi Language. There is no complaint nor any

grievance made by any official on record regarding the Petitioner not being well-

versed in Marathi Language. There is no allegation against the Petitioner that he

failed to perform and discharge his duties for 30 years, due to his alleged lack of

proficiency in Marathi Language. In fact, ironically the detailed representation


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                      made by the Petitioner is in the official Marathi Language which demonstrates

                      clearly the Petitioner’s proficiency in the said language. The Petitioner squarely

                      falls within the scope and ambit of the exemptions provided in the relevant Rules

                      themselves. Moreover, the Respondents cannot be permitted to scrutinize the

                      Petitioner’s terms and conditions of service after he has superannuated.

                      14.    In view of the aforesaid discussions, the levity of the Respondents in

                      refusing to settle the Petitioner’s retiral dues is unacceptable and incongruous.

                      Since the Respondents claim to have paid 90% of the total retiral benefits to the

                      Petitioner, pursuant to the orders of this Court dated 19 th August 2025, we direct

                      the Respondents to disburse the balance 10% of the pensionary dues to the

                      Petitioner within a period of 15 days from today along with interest at the rate of

                      10% per annum. In case any other dues remain payable to the Petitioner, the

                      Respondents shall disburse the same also within the stipulated time as prescribed

                      hereinabove along with such interest.

                      15.    The petition is accordingly allowed in the aforesaid terms.



                      (DR. NEELA GOKHALE, J.)                                 (G. S. KULKARNI, J.)


PRASAD
RAJENDRASING
RAJPUT

Digitally signed by
PRASAD
RAJENDRASING
RAJPUT
Date: 2026.09.01
16:09:59 +0530




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