Bombay High Court

SHAIKH JAMIL AHMED MUSAMIYAN AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is allowed; respondents must grant the second ACPS benefit to the petitioners.

Summary

The petitioners, who had completed 24 years of service, sought the grant of the second benefit under the Additional Compensatory Pension Scheme (ACPS) as per the Government Resolution dated 01.04.2010. The State of Maharashtra opposed, arguing procedural or eligibility issues. The Court referred to its earlier decision in Tarabai d/o Gujar Ahire v. State of Maharashtra (Writ Petition 4733 of 2019), which addressed similar questions. Relying on that precedent, the Court held that the petitioners are entitled to the second ACPS benefit, subject to individual case examination. Consequently, the respondents were directed to grant the second ACPS benefits, including revised pay, arrears, retirement benefits, and pension, within six months.

Issues considered

Whether petitioners who have completed 24 years of service are entitled to the second benefit under the ACPS as per the 2010 Government Resolution
Whether the State can deny the second ACPS benefit on procedural or eligibility grounds

Subjects

ACPS
Second benefit
Service tenure
Pension
Government Resolution
Writ petition
Maharashtra

Judgment

2026:BHC-AUG:40373-DB
                                          1                            71.WP.11207.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              WRIT PETITION NO. 11207 OF 2026

                     SHAIKH JAMIL AHMED MUSAMIYAN AND OTHERS
                                             VERSUS
                         THE STATE OF MAHARASHTRA THROUGH
                                ITS SECRETARY AND OTHERS
                                                ...
                    Advocate for the Petitioner : Mr. Ganesh Ramrao Jadhav
                         AGP for Respondents/State : Mr. S.R. Wakale
                                                ...

                                  CORAM         : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.


                                  DATE          : 03.09.2026


             PER COURT:

             1.    Indisputably, the issue raised in the present petition is squarely

             covered by the decision of this Court [Coram : Nitin B. Suryawanshi &

             Vaishali Patil-Jadhav] in Tarabai d/o Gujar Ahire And Another Vs. The

             State of Maharashtra And Others; Writ Petition 4733 of 2019 and

             other connected writ petitions.

             2.    For the reasons stated in the said judgment, Writ Petition is

             allowed.

             3.    Respondents are directed to grant second benefit of ACPS to the

             petitioners from the date immediately after completion of 24 years of

             service, as per the provisions of Government Resolution dated
                              2                             71.WP.11207.26.odt

01.04.2010. However, the same will be subject to the examination of

individual cases for deciding whether the Petitioners satisfy the criteria

laid down for availing the benefits of ACPS.

4.        We direct the respondents to apply second ACPS to the

petitioners as early as possible, preferably within a period of six

months. Needless to mention here that the petitioners are entitled to

all the consequential benefits, i.e. revised pay fixation, arrears of

salary, revised retirement benefits, monthly pension, which have been

released, within a period of six months from the date of this order.



(ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)




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