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Bombay High Court

VAISHALI MANGESH PATIL AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed, allowing the petitioners to withdraw and pursue the matter before the Education Officer.

Summary

Petitioners, appointed before 1 November 2005, filed a writ petition seeking entitlement to the old pension scheme. They contended that the issue was under active consideration by the State and that a proposal had been submitted to the Education Officer. The petitioners requested permission to withdraw the writ and pursue the administrative remedy before the Education Officer. The respondents, the State of Maharashtra, indicated that the proposal was pending and no final order had been passed. The Court examined whether the petition remained maintainable in view of the pending administrative process. Finding that the petitioners were free to seek the remedy before the Education Officer and that no substantive relief could be granted, the Court allowed the withdrawal. Accordingly, the writ petition was dismissed with liberty as prayed for.

Issues considered

  • Whether the petitioners are entitled to the old pension scheme
  • Whether the writ petition is maintainable when the matter is pending before the Education Officer
  • Whether the petitioners may withdraw the writ and pursue the administrative remedy

Subjects

  • pension scheme
  • old pension scheme
  • writ petition
  • administrative remedy
  • withdrawal
  • service law
  • education officer

Judgment

2026:BHC-AUG:6654-DB


                                                          1                     4382.2020WP.odt


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                   BENCH AT AURANGABAD.
                              907 WRIT PETITION NO. 4382 OF 2020
                                  Vaishali Mangesh Patil And Others
                                              VERSUS
                                 The State Of Maharashtra And Others
                                                    ...
               Advocate for the Petitioners : Mr. Patil V.P.
               AGP for Respondent/State : Mr. G.A. Kulkarni
                                              ...
                                    CORAM : ARUN R. PEDNEKER AND
                                                VAISHALI PATIL-JADHAV, JJ.
                                        DATED : 12th FEBRUARY, 2026.
               ORDER :

               .            Learned counsel for the petitioners submits that the
               petitioners are appointed prior to 01.11.2005 and that the issue
               regarding whether, they are entitled to old pension scheme is under
               active consideration of the State. They are informed in terms of
               communication dated 26.09.2025 that the Management has also
               submitted the proposal before the Education Officer and the Education
               Officer may considering the material on record pass the appropriate
               orders. He submits that in view of the pendency of the proposal before
               the Education Officer, nothing survives in the present Writ Petition. He
               seeks leave to withdraw the petition and pursue the remedy before the
               Education Officer.
               2.           Considering the above, Writ Petition is dismissed with
               liberty as prayed for.


               (VAISHALI PATIL-JADHAV,J.)                     (ARUN R. PEDNEKER,J.)


         sga


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