Bombay High Court

KAILAS MARUTI KAMBLEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the recovery order directing deduction from the petitioner’s pensionary benefits is unlawful and must be quashed.

Summary

Kailas Maruti Kamble filed a writ petition challenging an order dated 10 April 2026 that directed recovery of ₹3,04,677 from his pensionary benefits. The petition argued that the recovery order was unlawful and violated his right to receive pension benefits without deduction. The Court noted that the matter was squarely covered by its earlier decision in Writ Petition No.10314 of 2023, which had set a precedent on the protection of pension benefits. Relying on that precedent, the Court held that the recovery order must be set aside. Consequently, the petition was allowed, the impugned order was quashed, Respondents Nos.2‑5 were ordered to refund the amount within twelve weeks, and the petitioner’s pensionary benefits were directed to be released.

Issues considered

Whether a recovery order can be directed against the pensionary benefits of a government employee
Whether the impugned order dated 10 April 2026 violates the statutory protection of pension benefits

Subjects

pension
recovery order
writ petition
quash
refund
government employee

Judgment

2026:BHC-AUG:42979-DB
9.WP.12342.2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 12342 OF 2026

Kailas Maruti Kamble ...Petitioner

Versus

The State of Maharashtra and Others ...Respondents
***
 Mr. Murge Estling S., Advocate for the Petitioner.
 Mr. S. K. Tambe, Addl. GP for Respondent – State.
 Mr. B. B. Bhise, Advocate for Respondent Nos.2 to 5.
***
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 16th SEPTEMBER 2026.
PER COURT :

1. Indisputably, the issue raised in this writ petition is

squarely covered by the decision of this Court in Writ Petition

No.10314 of 2023 to which one of us (Nitin B. Suryawanshi, J.) was a

party.

2. For the reasons stated in the said order, writ petition is

allowed. The impugned order of recovery dated 10 th April 2026,

directing recovery from the pensionary benefits of the Petitioner, is

hereby quashed and set aside. Respondent Nos.2 to 5 are directed to

refund the amount of ₹ 3,04,677/- to the Petitioner within a period of

twelve weeks from the date of receipt of a copy of this order.

Shrikant Malani Page 1 of 2
9.WP.12342.2026.doc

3. The consequential pensionary benefits to which the

petitioner is entitled shall also be released in favour of the petitioner.

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

Shrikant Malani Page 2 of 2

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