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Bombay High Court

DHANAJI TANAJI KOLI AND ORSversusTHE STATE OF MAHARASHTRA FINANCE DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The Court ordered a fact‑finding inquiry to determine the recruitment dates and directed the appropriate authority to grant the Old Pension Scheme if eligibility is established.

Summary

Three petitioners employed by the Zilla Parishad, Pune, filed a writ petition seeking to be placed under the Old Pension Scheme, contending that they were recruited before 1 November 2005 and thus entitled to benefits under the Maharashtra Civil Services (Pension) Rules, 1982 and a Government Resolution dated 31 October 2005. The Court examined whether the petitioners' recruitment dates fell before the cut‑off and held that a factual inquiry was necessary. Accordingly, the Court directed the Chief Executive Officer to verify the recruitment dates of each petitioner and, if they qualify, to grant the Old Pension Scheme; otherwise, a speaking order must be issued. No substantive determination on entitlement was made pending the fact‑finding. The petition was disposed with these directions.

Issues considered

  • Whether the petitioners were recruited before 1 November 2005 and thus eligible for the Old Pension Scheme under the Maharashtra Civil Services (Pension) Rules, 1982.
  • Whether the High Court can issue a writ of mandamus directing the respondents to grant the Old Pension Scheme.

Legislation cited

Subjects

  • pension
  • old pension scheme
  • recruitment date
  • writ of mandamus
  • Maharashtra Civil Services (Pension) Rules
  • Zilla Parishad
  • fact‑finding inquiry

Judgment

                                                                                   4.AS.WP.1240.2026.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
       Digitally
       signed by                         WRIT PETITION NO. 1240 OF 2026
       VINA
VINA   ARVIND
ARVIND KHADPE
KHADPE Date:
       2026.02.10
                    Dhanaji Tanaji Koli & Anr.                                ….Petitioners
       10:42:17
       +0530
                              Versus
                    The State of Maharashtra & Anr.                 ….Respondents
                                                      ----
                    Mr. Balaji Shinde, for the Petitioners.
                    Mr. Ashwin R. Kapadins, for Respondent Nos. 4 & 5./ZP Pune.
                    Mr. P. P. Kakade, Addl. GP a/w. Ms. Priyanka Chavan, AGP.
                    Shri. A. K. Naik, AGP for the State.
                    Shri. Ashwin R. Kapadnis, for Respondent Nos. 4 & 5/ZP Nashik.

                                                         ----
                                                      CORAM : RAVINDRA V. GHUGE &
                                                              ABHAY J. MANTRI, JJ.
                                                      DATE : 06th FEBRUARY, 2026

                    P.C. :-

                    1.                  Petitioners, 3 in number, working with Zilla Parishad,

                    Pune, have made the following prayer :

                            B)      By issuing appropriate writ of mandamus or any
                                    other writ, order or direction in the nature of writ,
                                    this honorable court please to hold that, the
                                    petitioners are recruited before 1.11.2005 and
                                    entitled for Old Pension Scheme and the
                                    Maharashtra Civil Services (Pension) Rules 1982
                                    are applicable to the petitioners and consequently
                                    direct the respondents to take all necessary steps
                                    to grant Old Pension Scheme to the petitioners as
                                    per Government Resolution 31.10.2005 and as per
                                    the Maharashtra Civil Services (Pension) Rules
                                    1982 and for that purpose issue necessary orders.


                    2.                  For considering the above prayer, there will have to be


                    Sufiyan Syed - PA                       1 of 2
                                                             4.AS.WP.1240.2026.odt




a fact finding inquiry as regards the relevant date of the Petitioners

Recruitment as to whether it was prior to 31 st October 2005 or post

1st November 2005, as their entitlement for pension would depend

on these factors.



3.                  This Writ Petition is therefore disposed off, directing

Respondent No. 3 Chief Executive Officer to examine the cases of

each of these Petitioners in the light of the law laid down by this

Court after verifying whether the appointment/recruitment process

was before 1st November 2005. In case the Chief Executive Officer

comes to the conclusion that the Petitioners are entitled to the old

Pension Scheme, he shall proceed to communicate the same to the

Petitioner. In case any individual Petitioner is not entitled to the

benefit of the old scheme, he shall pass a speaking order and

communicate the same to such individual Petitioner.




(ABHAY J. MANTRI, J.)                       (RAVINDRA V. GHUGE, J.)




Sufiyan Syed - PA                      2 of 2


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