Bombay High Court

TAPSING PRABHATSING PADVI AND OTHERSversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed, with the Zilla Parishad directed to verify each petitioner’s recruitment date and issue appropriate orders on entitlement to the old pension scheme.

Summary

A group of 43 petitioners filed a writ petition challenging the denial of the old pension scheme, contending that their recruitment to Zilla Parishad, Nandurbar occurred before 1 November 2005, which would make them eligible for the pre‑2005 pension benefits. The respondents, representing the State of Maharashtra and various officials, opposed the claim. The Court observed that the matter had already been addressed in several earlier orders (Writ Petitions Nos. 1240/2026, 481/2026 and 3074/2026) and that the proper forum to determine individual entitlement was the Zilla Parishad. Accordingly, the Court disposed of the petition, directing the Zilla Parishad to examine each petitioner’s recruitment date, decide eligibility for the old pension scheme, and issue either a confirming order or a speaking order within three months. The direction is procedural; the Court does not itself grant or deny the pension benefits.

Issues considered

Whether the petitioners are entitled to the old pension scheme based on recruitment before 1 November 2005
Whether the High Court can direct the Zilla Parishad to determine individual entitlement

Subjects

pension scheme
old pension scheme
recruitment date
writ petition
administrative law
Zilla Parishad
Maharashtra

Judgment

2026:BHC-AUG:44480-DB


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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 12840 OF 2026

              1. Tapsing Prabhatsing Padvi
              2. Raghunath Hiraman Bhoye
              3. Umesh Balvant Gavit
              4. Ravindra Gajmal Sonawane
              5. Mona Bhujya Desai
              6. Nayankumar Dagaji Aghav
              7. Rupali Ramakant Bedse
              8. Anis Sk Isak Pinjari
              9. Sunil Anant Giri
              10. Kirankumar Suresh Rajhans
              11. Rajusingh Narayansingh Pawar
              12. Sapana Bapu Bhalerao
              13. Vandana Chhaganrao Uche
              14. Ashok Shivagir Gosavi
              15. Jayesh Devidas Bhamare
              16. Vaishali Jejiram Bagul
              17. Nandusing Govindsing Girase
              18. Dhaval Devidas Petkar
              19. Harish Muralidhar Ahire
              20. Nasirkhan Gaffarkhan Pathan
              21. Sangita Fatteshing Kokani
              22. Jayashri Vedu Suryavanshi
              23. Krishna Vedu Suryawanshi
              24. Vishal Raghunath Shukla
              25. Anil Dayaram Chaudhari
              26. Vilas Dangal Dhangar
              27. Gorakh Haribhau Savle
              28. Hemant Hiralal More



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                                  2               906-WP-12840-26.odt


29. Manmohini Bhagwantrao Shinde
30. Pramila Bhaurao Bahiram
31. Yuvraj Sadashiv Bhandgar
32. Madhuri Punaji Kokani
33. Atul Ravindra Kulkarni
34. Anil Dhanraj Patil
35. Ravindra Sukdeo Lade
36. Dinesh Khanderao Pawar
37. Kavita Ashok Nawale
38. Dipak Ramakant More
39. Nalini Baburao Suryawanshi.
40. Jyoti Uttamrao Khillare
41. Punam Narayan Marathe
42. Gajanan Ashruba Nagare
43. Rajesh Ratnakar Deshpande                      … Petitioners
            Versus

1. The State of Maharashtra
Finance Department, Mantralaya Mumbai-32,
Through Its Secretary.
2. The secretary,
Rural Development Department,
Mantralaya Mumbai-32,
3. The District Collector, Nandurbar
4. The Chief Executive Officer,
Zilla Parishad, Nandurbar
5. The Dy. Chief Executive Officer,
General Administration Department
Zilla Parishad Nandurbar.
6. The Chief Accountant and Finance Officer,
  Zilla Parishad, Nandurbar.                      … Respondents
                                   ...
Mr. Balaji S. Shinde, Advocate for the Petitioner
Ms. S. S. Joshi, AGP for Respondents/State
Mr. Rakesh Jain, Advocate for Respondent Nos.4 to 6
                                   ...




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                                 3                  906-WP-12840-26.odt


                       CORAM : NITIN B. SURYAWANSHI AND
                               ABASAHEB D. SHINDE, JJ.
                        DATE : 23rd SEPTEMBER, 2026

PER COURT :

1.         Indisputably, the issue raised in this Writ Petition is

squarely covered by several orders passed by this Court at Principal

Seat as well as Nagpur Bench and at Circuit Bench at Kolhapur, in

Writ Petitions Nos. 1240 of 2026, 481 of 2026 and 3074 of 2026.


2.         For the reasons stated in the said orders, the Writ

Petition is disposed of by directing the Zilla Parishad Nandurbar to

examine the cases of each of the Petitioners in the light of the law

laid down by this Court, after verifying whether the recruitment

process was commenced before 1 st November, 2005. In case the

Zilla Parishad come to the conclusion that the Petitioners are

entitled to the old Pension Scheme, they shall proceed to

communicate the same to the Petitioners. In case any individual

Petitioner is not entitled to the benefit of the old Pension scheme,

the Zilla Parishad, Nandurbar shall pass a speaking order and

communicate the same to such individual Petitioner. This exercise

shall be completed within a period of three months from today.



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




SVH

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