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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The petitions are allowed to be withdrawn with liberty to file fresh petitions and are disposed of as withdrawn.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 The petitions were consequently disposed of as withdrawn without any costs.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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