Bombay High Court
LATA KARBHARI JADHAVversusTHE STATE OF MAHARASHTRA THROUGH ITS DIRECTOR OF AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the State to decide the petitioner’s proposal and release the arrears of pension commutation within six weeks, in accordance with the 5 February 2021 Government Resolution.
Summary
Lata Karbhari Jadhav filed a writ petition under Article 226 seeking the release and payment of arrears of pension commutation as directed by the Government of Maharashtra’s resolution dated 5 February 2021. The petitioner’s proposal, forwarded by a college (Respondent No.3) to the State (Respondent No.1), was attached as Exhibit C. The High Court examined whether the State is bound to honor the resolution and pay the arrears. It held that the proposal must be decided in accordance with law, taking the government resolution into account. The Court directed the respondents to decide the matter and release the arrears within six weeks, and dismissed the petition without costs.
Issues considered
- Whether the State of Maharashtra is obligated to release and pay arrears of pension commutation to the petitioner under the Government Resolution dated 5 February 2021.
- Whether the petitioner's proposal forwarded by the college should be adjudicated by the State under Article 226 of the Constitution.
Subjects
- Article 226
- Writ Petition
- Pension Commutation
- Arrears of Pension
- Government Resolution
- High Court of Bombay
- Maharashtra
Judgment
Digitally
signed by
PRASHANT
PRASHANT VILAS
9-WP-16525-2023.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. 16525 OF 2023
Lata Karbhari Jadhav ...Petitioner
Versus
The State Of Maharashtra
Through Its Director Of And Ors ...Respondents
_______
Mr. Govind Solanke, for the Petitioner.
Mr. P.N.Diwan, AGP for the State.
_________
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 relief:
“A) This Hon’ble Court be pleased to direct the Respondents to
release and pay the arrears of commutation amount to the Petitioner, as per
the Government Resolution dated 5th February, 2021;”
2. We find from paragraph 7 to the petition that a proposal of the petitioner
has been forwarded by the College to respondent No.1. It is relevant to extract the
contents of paragraph 7 which read thus:
“7. Petitioner states that in view Government Resolution dated 5 th February,
2021 issued by Government of Maharashtra, on 9 th August, 2021
Respondent No.3 College forwarded the Petitioner’s proposal to Respondent
No.1, for the payment of arrears of commutation of pension to the Petitioner.
Hereto annexed and marked as Exhibit “C” is a copy of proposal dated 9 th
August,2021.”
3. In this view of the matter, we are of the opinion that the proposal of the
petitioner, if not already decided, let the same be decided in accordance with law,
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9-WP-16525-2023.DOC
after taking into consideration Government Resolution dated 5 February 2021, as
expeditiously as possible and in any event within a period of six weeks from today.
All contentions of the parties in that regard are expressly kept open.
4. Disposed of in the aforesaid terms. No costs.
(Dr.NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
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