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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