Bombay High Court
MADHAV DAGADU REVGADEversusTHE STATE OF MAHARASHTRA Through the Secretary, School Education Sports Department AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petitions are allowed to be withdrawn with liberty to file fresh petitions and are disposed of as withdrawn.
Summary
The petitioners sought to quash an order dated 21 April 2023 and to obtain declarations that they were entitled to benefits under the Old Pension Cum Gratuity Scheme, including recognition of part‑time service for pension calculations and a refund of contributions made to the New Defined Contributory Pension Scheme. The High Court noted that the pleadings were insufficient and essential documents were not on record. The petitioners, through their counsel, requested permission to withdraw the petitions and file fresh ones. The Court allowed the withdrawal with liberty to re‑file, expressly keeping all contentions open for future consideration. The petitions were consequently disposed of as withdrawn without any costs.
Issues considered
- Whether the petitioner is entitled to benefits under the Old Pension Cum Gratuity Scheme
- Whether part‑time service from 13 June 1998 to 7 August 2006 should be counted as qualifying service for pension
- Whether the petitioner is entitled to a refund of contributions made to the New Defined Contributory Pension Scheme
- Whether the order dated 21 April 2023 should be quashed
Subjects
- pension
- Old Pension Cum Gratuity Scheme
- New Defined Contributory Pension Scheme
- writ of certiorari
- writ of mandamus
- withdrawal of petition
- High Court of Bombay
Judgment
7.WP782_2026.DOC
2026:BHC-AS:37975-DB
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 782 OF 2026
Vinod Vitthalrao Gadge … Petitioner
Vs.
The State of Maharashtra & Ors. … Respondents
WITH
WRIT PETITION NO. 456 OF 2026
Pandurang Gangadhar Torkad … Petitioner
Vs.
The State of Maharashtra & Ors. … Respondents
WITH
WRIT PETITION NO. 16088 OF 2025
Madhav Dagadu Revgade … Petitioner
Vs.
The State of Maharashtra & Ors. … Respondents
__________
Mr. Satyajeet Anil Rajeshirke(through V.C.) for the petitioners.
Mr. P.P. Kakade, Addl. G.P. a/w. Mr. V.G. Badgujar, AGP, Ms. P.N. Diwan, AGP,
Ms. P.B. Chavan, AGP for the State.
__________
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 16 SEPTEMBER, 2026.
P.C.
1. These petitions raise common issue of law and facts. The prayers as made
in the lead petition (Writ Petition No. 782 of 2016) are required to be noted,
which reads thus:
“a) Issue a Writ of Certiorari or any other appropriate writ, order or
direction, calling for the records and proceedings pertaining to the impugned
order dated 21.04.2023 passed by respondent no. 3.
b) After considering the same, be pleased to quash and set aside the said
impugned order dated 21.04. 2023.
Page 1 of 2
16 September, 2026
7.WP782_2026.DOC
c) Issue a Writ of Mandamus or any other appropriate writ,order or
direction, directing the respondents to:
i) Declare that the petitioner is governed by and entitled to the benefits of
the Old Pension Cum Gratuity Scheme;
ii) Consider 50% of the petitioner’s service rendered as a Part-time Teacher
from 13.06.1998 to 07.08.2006 as qualifying service for pension, to be
clubbed with his full-time service from 08.08.2006 onwards;
iii) Consequently, open and operate a General Provident Fund (GPF)
Account for the petitioner forthwith;
d) Issue a Writ of Mandamus directing the respondents to refund the
entire amount of petitioner’s contribution deducted from the petitioner’s salary
towards the New Defined Contributory Pension Scheme (NPS/DCPS), along
with interest @18% per annum from the respective dates of each deduction
until the date of actual payment.
2. We have heard these petitions for sometime. Considering that there are
insufficient pleadings, as also appropriate documents necessary for adjudication of
these petitions are not on record and more particularly coonsidering the reply
affidavit filed on behalf of the State Government, learned counsel for the
petitioners seeks leave to withdraw these petitions with liberty to file fresh
petitions.
3. Allowed to be withdrawn with liberty as prayed for.
4. All contentions of the parties are expressly kept open.
5. Disposed of as withdrawn. No costs.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
Signed by: Vidya S. Amin Page 2 of 2
Designation: PS To Honourable Judge 16 September, 2026
Date: 17/09/2026 15:38:28
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