Bombay High Court

NAFIS PASHAMIYA INAMDAR ALIAS NAFIS NASIBKHA PATHANversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the petitioners must first file representations with the concerned authority, which will then determine their entitlement to pensionary and service benefits.

Summary

The petitioners, Nafis Pashamiya Inamdar (alias Nafis Nasibkha Pathan) and Maheboob Bee Sayyad Yusuf, filed writ petitions before the Bombay High Court seeking pensionary and service benefits from the State of Maharashtra and other respondents. The primary issue was whether they were entitled to such benefits under the applicable service rules. The Court examined the procedural requirement that claimants first submit a detailed representation with supporting documents to the concerned authority, respondent No.4, before any benefit can be granted. It directed the petitioners to file their representations within two weeks of receiving the order. Upon receipt, respondent No.4 was ordered to decide the claim within four weeks and, if the petitioners were found eligible, to confer the benefits within eight weeks. Accordingly, the writ petitions were disposed of with these procedural directions.

Issues considered

Whether the petitioners are entitled to pensionary and service benefits under the relevant service rules.
Whether the High Court can direct the petitioners to submit representations before the concerned authority before determining entitlement.

Subjects

pensionary benefits
service benefits
writ petition
representation
High Court of Bombay

Judgment

2026:BHC-AUG:40293-DB


                                                 1                   4-WP-11224-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                             4 WRIT PETITION NO. 11224 OF 2026
                   NAFIS PASHAMIYA INAMDAR ALIAS NAFIS NASIBKHA PATHAN
                                             VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. B. B. Bhise, AGP for Respondents/State
                                               ...
                            6 WRIT PETITION NO. 11227 OF 2026
                                 MAHEBOOB BEE SAYYAD YOUSUF
                                            VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS
                                               ...
              Mr. Masood Chand Syed, Advocate for the Petitioner in Both WPs
              Ms. N. B. Kamble, AGP for Respondents/State
              Mr. S. B. Pulkundwar, Advocate for Respondent No.4 in Both WPs
                                               ...
                                      CORAM : NITIN B. SURYAWANSHI AND
                                                ABASAHEB D. SHINDE, JJ.
                                       DATE : 02nd SEPTEMBER, 2026
              PER COURT :

              .             Both the writ petitions are disposed of by directing the

              petitioners    to   submit   representation   along   with    necessary

              documents before respondent No.4 for considering their claim of

              pensionary and service benefits, within a period of two weeks from

              the date of receipt of copy of this order. If such representations are

              made along with the necessary documents, respondent No.4 shall

              decide the same, within a period of four weeks thereafter. If the

              petitioners are found entitled for pensionary and service benefits,

              the same shall be conferred to them as per their entitlement within

              a period of eight weeks thereafter.



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


              SVH

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