Bombay High Court

VIJAY BALASAHEB DHANEversusTHE STATE OF MAHARASHTRA THR. PRINCIPAL SECRETARY FINANCE DEPT. AND ORS.

Disposal: Disposed Off

Holding

The Court held that the Chief Executive Officer must decide the petitioner’s representation within six weeks.

Summary

Vijay Balasaheb Dhane filed a writ petition alleging that a representation dated 31 July 2024, submitted by the Satara Zilla Parishad to the Chief Executive Officer, had not been acted upon. He sought implementation of the Old Pension Scheme (OPS) on the ground that his recruitment commenced before 1 November 2005. The Court examined the limited grievance and noted that the petition did not raise any broader constitutional challenge, focusing solely on the administrative delay. It held that the representation must be decided promptly by the Chief Executive Officer. Accordingly, the Court disposed of the petition, directing the Chief Executive Officer to decide the representation within six weeks of the order.

Issues considered

Whether the Chief Executive Officer is obligated to decide the representation filed by the petitioner.
Whether the petitioner is entitled to the Old Pension Scheme benefits based on the date of recruitment.

Subjects

Old Pension Scheme
representation
administrative delay
writ petition
public service employment
implementation of pension scheme

Judgment

                                                                  56-WP-4905-2026.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIRCUIT BENCH AT KOLHAPUR
                          CIVIL APPELLATE JURISDICTION
                       WRIT PETITION NO. 4905 OF 2026

Vijay Balasaheb Dhane                                   ...Petitioner
           Versus
The State Of Maharashtra Through the Principal          ...Respondents
Secretary, Finance Department and Others
                                  ——————
Mr. Mahesh V. Rawool a/w Mr. Neeraj Lavte - Advocate for the Petitioner
Mr. Ravindra Kadam – Advocate for Respondent Nos. 3 and 4
Mr. K. S. Thorat - AGP for Respondent Nos. 1 and 2 / State.
                                  ——————
                                    Coram :     Sharmila U. Deshmukh &
                                                Neeraj P. Dhote, JJ.
                                    Date      : October 06, 2026.
P. C. :


1.         The limited grievance of the Petitioner is that the representation
dated 31.07.2024, forwarded by the Satara Zilla Parishad to the Chief
Executive Oicer, has not been decided as yet. The Petitioner is seeking
implementation of the Old Pension Scheme (OPS) as the recruitment
process had started prior to 01.11.2005.


2.         Considering the limited grievance, the Petition is disposed of by
directing Respondent No. 3 – Chief Executive Oicer to decide the
representation of the Petitioner as expeditiously as possible and, in any
event, within a period of six (6) weeks from today.




 [Neeraj P. Dhote, J.]                           [Sharmila U. Deshmukh, J.]




SG Punde                             1 of 1

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