Bombay High Court
DNYANDEO RAVSAHEB PAGARversusSTATE OF MAHARASHTRA THROUGH ITS SECRETARY FINANCE DEPARTMENT, AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the respondents to decide the pending representation within six weeks, keeping all contentions open, without adjudicating the pension entitlement claim.
Summary
The petitioner, Dnyandeo Ravsaheb Pagar, filed a writ petition under Article 226 seeking recognition that he was recruited before 1 November 2005 and thus entitled to benefits under the Maharashtra Civil Service (Pension) Rules 1982, the Commutation of Pension Rules 1984, and the General Provident Fund Scheme. He also requested a writ of mandamus directing the respondents to extend these benefits. The petitioner highlighted a pending representation dated 23 March 2024 before the Commissioner of the Municipal Corporation, Nashik. The Court noted the pending representation and, without deciding the substantive pension claim, ordered the respondents (Nos. 4 & 5) to decide the representation within six weeks, keeping all parties' contentions open. The petition was disposed of on these terms with no costs awarded.
Issues considered
- Whether the petitioner is entitled to benefits under the old pension scheme based on his recruitment date.
- Whether the respondents should be directed to extend pension and GPF benefits to the petitioner.
Subjects
- pension
- old pension scheme
- Article 226
- writ of mandamus
- representation
- Maharashtra Civil Service Rules
- high court
Judgment
Digitally
signed by
PRASHANT
PRASHANT VILAS
12-WP-18615-2024.DOC
VILAS RANE
RANE Date:
2026.08.21
10:33:53
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 18615 OF 2024
Dnyandeo Ravsaheb Pagar ...Petitioner
Versus
State Of Maharashtra Through Its Secretary
Finance Department, And Ors. ...Respondents
_______
Mr. Govind Bhagwanrao Solanke, for Petitioner.
Mr. Subhash V. Gutte, for Respondent Nos.4 & 5.
Mr. P. P. Kakade, Addl. Govt. Pleader with 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 reliefs:
“(a) This Hon’ble Court may be pleased to issue an appropriate Writ thereby
holding that, the petitioner is recruited prior to 1.11.2005 and therefore, he is
entitled to get the benefits of old pension scheme i.e. The Maharashtra Civil
Service (Pension) Rules 1982 and Maharashtra Civil Services (Commutation
of Pension) Rules, 1984 and General Provident Fund Scheme (GPF) and for
that purpose issue necessary orders.
(b) This Hon’ble Court be pleased to issue a Writ of Mandamus and/or a
Writ in the nature of Mandamus thereby directing the Respondent
Authorities to extend the benefits to the Petitioner under the Maharashtra
Civil Service (Pension) Rules 1982 and Maharashtra Civil Services
(Commutation of Pension) Rules, 1984 and General Provident Fund Scheme
(GPF);”
2. Learned Counsel for the petitioner submits that a representation dated 23
May 2024 is pending consideration before the Commissioner, Mahanagarpalika
Shikshan Mandal, Nashik. He submits that the petition can be conveniently
disposed of by directing the Commissioner of the Municipal Corporation,
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P.V.Rane
12-WP-18615-2024.DOC
Nashik– Respondent Nos.4 and 5 to consider the representation dated 23 March
2024 (Exhibit ‘G’, page 45 to the petition) and decide the same in accordance
with law, as expeditiously as possible. The prayer as made by the learned Counsel
for the petitioner is fair.
3. We accordingly dispose of this petition keeping open all contentions of the
parties, with a direction that a representation dated 23 March 2024 (Exhibit ‘G’)
be decided by respondent Nos.4 and 5, in any event, within a period of six weeks
from today. All contentions of the parties are expressly kept open.
4. Disposed off in the aforesaid terms. No costs.
(Dr.NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
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P.V.Rane
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