Bombay High Court

NAGESH NARAYAN BARBINDversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI HITEN S VENEGAVKAR

Holding

The Court held that the respondent must decide the petitioner's representation on inclusion of temporary service for pension benefits within three months, in accordance with the precedent of Jagjeevan Jaikumar Sanghai v. Parbhani Municipal Corporation.

Summary

The petitioner, a former watchman who served temporarily from 1995 and was regularised in 2021, filed a writ petition under Article 226 seeking a direction that his temporary service be counted for pension benefits upon retirement in October 2025. He submitted a representation on 4 September 2025 requesting the competent authority to consider his continuous service from the date of initial appointment. The Court noted that the prayer was limited to a direction to the respondent and therefore did not issue notice. It directed the respondent to decide the representation within three months, referring to the precedent set in Jagjeevan Jaikumar Sanghai v. Parbhani Municipal Corporation. The petition was subsequently disposed without any order as to costs.

Issues considered

Whether temporary service rendered by the petitioner from 1995 to 2021 should be counted towards pensionary benefits.
Whether the High Court can issue a mandatory direction to the respondent to decide the petitioner's representation within a specified time frame.

Subjects

Article 226
pension benefits
temporary service
municipal corporation
service regularisation
writ petition
direction

Judgment

                                 1                         926WP492.2026.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                 926 WRIT PETITION NO. 492 OF 2026

                         Nagesh Narayan Barbind
                                  VERSUS
                 The State Of Maharashtra And Another
                                   ...
Mr. Ramchandra J. Nirmal - Advocate for the Petitioner
Mr. R. S. Wani - AGP for the State
                                   ...

                          CORAM :       SMT. VIBHA KANKANWADI
                                                AND
                                        HITEN S. VENEGAVKAR, JJ.

                          DATED :       17TH FEBRUARY, 2026


ORAL ORDER [Per Hiten S. Venegavkar, J.] : -


1.           The present petition under Article 226 of the Constitution

of India seeks a direction to Respondents to consider the Petitioner’s

representation dated 04.09.2025, to take into account the Petitioner’s

temporary service for the purpose of granting pensionary benefits, and

to refix the Petitioner’s pension accordingly.


2.           The Petitioner states that since 1995 he has been working

with Respondent No. 2 as a Watchman on a temporary basis. Thereafter,

on 03.05.2021, Respondent No. 2 made the services of the Petitioner

permanent. It is the Petitioner’s submission that, during the initial period

of his employment, he was employed with the Municipal Council, which

was subsequently converted into a Municipal Corporation.
                               2                         926WP492.2026.odt

3.          The Petitioner further states that he retired on attaining the

age of superannuation on 31.10.2025 and, at the time of his retirement,

he was a permanent employee of Respondent No. 2. The Executive

Officer of Respondent No. 2, by communication dated 13.08.2025,

directed him to comply with the requirements and submit the necessary

documents for the purpose of processing his pensionary benefits.

Accordingly, the Petitioner submitted the requisite documents to the

office of Respondent No. 2.


4.          However, the Petitioner apprehends that his initial services,

during which he was not a permanent employee, will not be counted by

the Department for the purpose of granting pensionary benefits.

Therefore, he approached Respondent No. 2 with a request to consider

his temporary service for the purpose of pensionary benefits.


5.          The representation dated 04.09.2025 submitted by the

Petitioner to Respondent No. 2 is annexed to the present petition. In the

said representation, the Petitioner has provided particulars of his

temporary service and has requested the competent authority to take

into account his service from 1995, being the date of his initial

appointment, for pensionary benefits, as he served continuously as a

temporary employee until his services were regularized and thereafter

until his superannuation.


6.          As the prayer in the present petition is limited to issuing a
                                                              3                       926WP492.2026.odt

                             direction to Respondent No. 2, we do not find it necessary to issue

                             notice to Respondent No. 2. The learned AGP waives notice on behalf of

                             Respondent No. 1. Taking into consideration the pendency of the

                             representation dated 04.09.2025, we direct Respondent No. 2 to decide

                             the Petitioner’s representation within a period of three (3) months, if it

                             has not already been decided. We also direct Respondent No. 2 to decide

                             the representation of the Petitioner dated 04.09.2025 in accordance with

                             the judgment of this Court in Jagjeevan Jaikumar Sanghai v. Parbhani

                             Municipal Corporation, reported in 2018 SCC OnLine Bom 356.


                             7.           With the aforesaid directions, the Petition stands disposed

                             of. There shall be no order as to costs.




                              [HITEN S. VENEGAVKAR]                     [SMT. VIBHA KANKANWADI]
                                     JUDGE                                       JUDGE




                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 25/02/2026 11:01:19

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