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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