Bombay High Court

AMIT S/O TANAJI SHINDE AND ORSversusSTATE OF MAHARASHTRA THROU. THE SEC. FINANCE DEPT AND ORS

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The Court did not decide the substantive pension entitlement issues but ordered the Municipal Corporation to decide the pending representation within six weeks, keeping all contentions open.

Summary

The petitioners, recruited before 1 November 2005, filed a writ petition under Article 226 of the Constitution seeking to be governed by the old Maharashtra Civil Service pension rules and to be exempted from the new Defined Contribution Pension Scheme. They also requested a mandamus directing the State authorities to make contributions to the old pension and General Provident Fund schemes. The petitioners highlighted a pending representation dated 8 April 2024 before the Commissioner of the Municipal Corporation, Nashik, which they asked the Court to order to be decided. The Court, while keeping all parties' contentions open, directed Respondent Nos. 4 and 5 (the Municipal Corporation) to decide the said representation within six weeks. No substantive ruling on the entitlement to the old pension scheme was made; the Court merely ordered procedural compliance and disposed of the petition without costs. The order reflects the Court’s exercise of its supervisory jurisdiction under Article 226 to ensure administrative action on pending representations.

Issues considered

Whether petitioners recruited before 1 November 2005 are entitled to benefits under the Maharashtra Civil Service (Pension) Rules, 1982 and related schemes.
Whether a writ of mandamus can be issued directing the State to extend old pension benefits and restrain the application of the new Defined Contribution Pension Scheme.
Whether the Court can direct the Municipal Corporation to decide a pending representation within a specified time frame under Article 226.

Legislation cited

Constitution of India — s. Article 226

Subjects

pension scheme
mandamus
writ petition
Article 226
old pension rules
Defined Contribution Pension Scheme
municipal corporation
representation

Judgment

Digitally
signed by
PRASHANT
PRASHANT VILAS
11-WP-14896-2024.DOC
VILAS RANE
RANE Date:
2026.08.21
10:33:54
+0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 14896 OF 2024

Amit S/o Tanaji Shinde And Ors ...Petitioners
Versus
State Of Maharashtra Thr.The Sec. Finance Dept And Ors ...Respondents
_______
Mr. Govind Solanke, for petitioners.
Ms. K. N. Solunke, Addl. Govt. Pleader with P.N.Diwan, AGP for State.
Mr. Subhash V. Gutte, for Respondent Nos.4 and 5.
_________
CORAM: G. S. KULKARNI &
Dr.NEELA GOKHALE, JJ.

DATE: 19 AUGUST 2026.

P.C.

1. This petition under Article 226 of the Constitution of India is filed

praying for the following substantive reliefs:

“(a) This Writ Petition may kindly be allowed;
(b) This Hon’ble Court may be pleased to issue an appropriate Writ
thereby holding that, the petitioners are recruited prior to 1.11.2005
and therefore, they are entitled to get the benefits of old pension
scheme i.e. The Maharashtra Civil Service (Pension) Rules 1982 and
Maharashtra Civil Services (Commutation of Pension) Rules, 1984
and General Provident Fund Scheme (GPF) and for that purpose
issue necessary orders;
(c) This Hon’ble Court be pleased to issue a Writ of Mandamus
and/or a Writ in the nature of Mandamus thereby directing the
Respondent Authorities to extend the benefits to the Petitioners
under The Maharashtra Civil Service (Pension) Rules 1982 and
Maharashtra Civil Services (Commutation of Pension) Rules, 1984
and General Provident Fund Scheme (GPF) and further direct them
to make contribution towards the said Pension Scheme and General
Provident Fund Scheme.
(d) This Hon’ble Court be pleased to issue a Writ of Mandamus
and/or a Writ in the nature of Mandamus thereby directing the
Respondent authorities not to enforce and apply the New Pension
Scheme i.e. Defined Contribution Pension Scheme to the Petitioners
in any manner and/or by any method;”

Page 1 of 2
19 August 2026
P.V.Rane
11-WP-14896-2024.DOC

2. Learned Counsel for the petitioners submits that a representation dated 8

April 2024 is pending consideration before the Commissioner, Mahanagarpalika

Shikshan Mandal, Nashik. He submits that the petition can be conveniently

disposed of by directing the Commissioner of the Municipal Corporation,

Nashik– Respondent Nos.4 and 5 to consider the representation dated 8 April

2024 (Exhibit ‘G’, page 105 to the petition) and decide the same in accordance

with law, as expeditiously as possible. The prayer as made by the learned Counsel

for the petitioner is fair.

3. We accordingly dispose of this petition keeping open all contentions of the

parties, with a direction that a representation dated 8 April 2024 (Exhibit ‘G’) be

decided by respondent Nos.4 and 5, in any event, within a period of six weeks

from today. All contentions of the parties are expressly kept open.

4. Disposed off in the aforesaid terms. No costs.

(Dr.NEELA GOKHALE, J.) (G. S. KULKARNI, J.)

Page 2 of 2
19 August 2026
P.V.Rane

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