Bombay High Court
LAHANU DEOCHAND SONAWANEversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the respondents to forward the pension proposal to the Designated Officer within three weeks for consideration and grant of pension, without further adjudicating the petition.
Summary
Lahanu Deochand Sonawane filed a writ petition under Article 226 seeking that certain school authorities submit his pension proposal and that the State grant him pension, gratuity and other retirement benefits. The petitioner complied with a request from the Head Master of respondent No.5 by submitting the required documents on 24 July 2026. The Court observed that all necessary documents are now in possession of the respondents and directed respondents No.1 to 3 to forward the pension proposal received from respondents No.5 and 6 to the Designated Officer of the State Government within three weeks. The Designated Officer is to consider the documents, grant the pension with arrears and statutory interest, and keep all contentions open. No further adjudication of the petition was deemed necessary and the petition was disposed without costs.
Issues considered
- Whether the petitioner is entitled to a pension and related retirement benefits under the applicable service rules.
- Whether the respondents have complied with procedural requirements for submitting the pension proposal.
- Whether the High Court can direct the forwarding of the pension proposal to the Designated Officer under Article 226.
Subjects
- pension
- writ petition
- Article 226
- retirement benefits
- procedural compliance
- designated officer
Judgment
7.WP16563_2026.DOC
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 16563 OF 2025
Lahanu Deochand Sonawane … Petitioner
Versus
The State of Maharashtra, through its Secretary,
School Education Dept. & Ors. … Respondents
_________
Ms. Pranita P. Hingmire for the petitioner.
Mr. C.G. Gavnekar a/w. Mr. Rohit Parab for respondent nos. 5 and 6.
Ms. Pooja C. Patil, AGP for the State.
__________
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 27 JULY 2026
P.C.
1. Permission to delete respondent no. 4. Amendment to be carried out
forthwith.
2. This petition under Article 226 of the Constitution of India is filed
praying for the following substantive reliefs:
“a) By a suitable writ, order or direction, this Hon’ble Court be pleased to
direct respondent nos. 4 to 6 to submit the pension proposal/case and other
related documents of the petitioner for grant of pension to the respondent nos.
2 and 3 within stipulated period.
b) By a suitable writ, order or direction, this Hon’ble Court be pleased to
direct the respondent nos. 2 and 3 to grant pension, gratuity and other all
retirement benefits to the petitioner within stipulated period after receiving
pension proposal/case and other related documents of the petitioner
from respondent nos. 4 to 6.”
3. Primarily we are concerned with prayer clause (a). Mr. Gavnekar, learned
counsel appears for respondent nos. 5 and 6 and Ms. Patil, learned AGP for
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respondent nos. 1, 2 and 3.
4. At the outset, Mr. Gavnekar, learned counsel for respondent nos.5 and 6
has stated that Mr. Vijay Panditrao Patil, deponent of the reply affidavit on behalf
of respondent nos. 5 and 6, is the authorized person.
5. Learned counsel for the petitioner has also stated that very recently the
petitioner was issued a communication dated 21 July, 2026 by the Head Master of
respondent no. 5-school calling for certain documents to be submitted.
Accordingly, the petitioner has complied with the said requirements by his letter
dated 24 July, 2026 by submitting all required documents. Copies of the said
correspondence is placed on record.
6. In this view of the matter, we are of the opinion that now all the
documents which are required for making an appropriate proposal for
disbursement of the pension to the petition are submitted. Respondent nos. 1 to
3 are now required to take decision after pension proposal in respect of the
petitioner is received from respondent nos. 5 and 6. Let appropriate action to
forward the proposal to the Designated officer of the State Government be taken
within a period of three weeks from today. The Designated officer shall consider
all the documents and take all necessary steps to reimburse pension to the
petitioner including the arrears along with the statutory interest as applicable to
the petitioner. All contentions in that regard are expressly kept open. Further
adjudication of the petition in this circumstances is not called for.
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7. We clarify that we have not examined any of the reliefs except from what
has been observed above.
8. Writ Petition is disposed of in the aforesaid terms. No costs.
(AARTI SATHE, J.) (G. S. KULKARNI, J.)
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