Bombay High Court
DILIP PRABHAKAR KHAMBAITversusTHE STATE OF MAHARASHTRA FINANCE DEPT.
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the determination of entitlement to the Old Pension Scheme requires a fact‑finding inquiry into each petitioner’s recruitment date and ordered the Chief Executive Officer to conduct such inquiry.
Summary
Seventeen employees of the Zilla Parishad, Nashik filed a writ petition seeking a declaration that they were recruited before 1 November 2005 and therefore entitled to the Old Pension Scheme under the Maharashtra Civil Services (Pension) Rules, 1982 and Government Resolution dated 31 October 2005. The petitioners prayed for a writ of mandamus directing the respondents to grant them the old pension benefits. The Court held that the entitlement could be ascertained only after a factual inquiry into the exact dates of each petitioner’s recruitment. Accordingly, the Court directed Respondent No.3, the Chief Executive Officer, to examine the recruitment records of each petitioner and to issue appropriate orders confirming entitlement or denying it with a speaking order. The petition was disposed of with these directions, leaving the final determination to the CEO.
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 Court should issue a writ of mandamus directing the respondents to grant the old pension benefits.
Legislation cited
Subjects
- pension
- old pension scheme
- recruitment date
- Maharashtra Civil Services (Pension) Rules
- writ of mandamus
- fact‑finding inquiry
Judgment
42.AS.WP.1241.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1241 OF 2026
Digitally
signed by Dilip Prabhakar Khambait & Anr. ….Petitioners
VINA
VINA ARVIND
ARVIND KHADPE Versus
KHADPE Date:
2026.02.12
10:56:17 The State of Maharashtra & Anr. ….Respondents
+0530
----
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. The Petitioners, 17 in number, working with Zilla
Parishad, Nashik, 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
42.AS.WP.1241.2026.odt
a fact finding inquiry as regards the relevant details of the
Petitioners’ Recruitment and as to whether it was prior to 31 st
October 2005 or post 1st November 2005, as their entitlement for the
type of 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 Petitioners. 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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