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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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                                                                        7.WP16563_2026.DOC



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.



                                    Page 2 of 3
                                   27 July 2026
                                                                   7.WP16563_2026.DOC



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.)




                                  Page 3 of 3
                                 27 July 2026


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