Bombay High Court
SATISH SHAMRAO KALEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
Petitioners are entitled to full pensionary benefits and the Scrutiny Committee must allow them not to press their proposals.
Summary
The petitioners, former government employees, claimed that their tribe validity certificates were pending before the Scrutiny Committee, leaving them superannuated without full pensionary benefits. The State of Maharashtra had issued a resolution on 14‑12‑2022 creating supernumerary posts for such employees, granting them pension benefits but excluding promotion and compassionate appointment. The Court noted earlier orders in related writ petitions and relied on two prior judgments permitting employees to forego pressing proposals before the Scrutiny Committee. It directed the petitioners to file affidavits and ordered the Scrutiny Committee to allow them not to press their proposals within two weeks. Upon compliance, the Zilla Parishad was instructed to process the pension papers and extend all pensionary benefits to the petitioners. The petitions and any pending civil applications were consequently disposed of.
Issues considered
- Whether employees whose tribe validity certificates are pending are entitled to full pensionary benefits despite a government resolution creating supernumerary posts.
- Whether the Scrutiny Committee can be directed to permit petitioners not to press their proposals for validity certificates.
- Whether the exclusion of promotion and compassionate appointment from the resolution affects the entitlement to pension benefits.
Subjects
- supernumerary posts
- pension benefits
- Scrutiny Committee
- tribe validity certificate
- government resolution
- promotion
- compassionate appointment
- writ petition
- civil application
Judgment
2026:BHC-AUG:30623-DB
(1) 38 WP 5235 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
38 WRIT PETITION NO. 5235 OF 2025
WITH
CIVIL APPLICATION NO. 4567 OF 2026
IN WP/5235/2025
SATISH SHAMRAO KALE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND
ANOTHER
WITH
WRIT PETITION NO. 5874 OF 2025
WITH
CIVIL APPLICATION NO. 4569 OF 2026
IN WP/5874/2025
SINDHU CHANDRAKANT KADAM
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND
ANOTHER
...
Mr. C. R. Thorat, Advocate for the Petitioner
Mr. R. S. Wani, AGP for Respondent No.1 – State
Mr. S. S. Dambe, Advocate for Respondent No.2
AND
WRIT PETITION NO.13451 OF 2025
WITH
CIVIL APPLICATION NO.3580 OF 2026
IN WP/13451/2025
PRAKASH SAMBHAJI BEDKEWAD
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND
OTHERS
…
Mr. C. R. Thorat, Advocate for Petitioner
Mr. S. B. Pulkundwar, AGP for Respondent /State
(2) 38 WP 5235 OF 2025
…
CORAM : KISHORE C. SANT AND
AJIT B. KADETHANKAR, JJ.
DATE : 22.07.2026
PER COURT :-
. Writ Petition No.13451 of 2025 and Civil Application No.3580 of
2026 are not on board. Taken on board.
2. Considering the prayers and reliefs sought in the Petitions, this
Court finds that the Petitions can be conveniently disposed off.
3. This Court in Writ Petition Nos.303/2025, 266/2025 and
1375/2025 has already passed the order. Both the parties accept to the said
position.
4. It is the case of the Petitioners that the proposal of tribe validity
certificate is still pending with the Scrutiny Committee. Pending said proposal,
the Petitioner stood super-annuated. The State Government by Government
Resolution dated 14.12.2022 created supernumerary posts in respect of such
of the Government employees who have faced invalidation, directing them to
be transferred to such supernumerary posts and they have been held entitled
to have all the pensionary benefits. However, they are not entitled to
benefit of promotion and the policy of compassionate appointment.
(3) 38 WP 5235 OF 2025
5. In said orders, this Court further relied upon two judgments
whereby such employees were permitted not to press their proposals before
the Scrutiny Committee and a direction was issued extending all the
pensionary benefits.
6. In view of the above, the Petitions stand disposed off with
following order :-
a. The Petitioners shall file affidavit before the Scrutiny
Committee and the Committee shall permit them not to
press the proposals within two weeks.
b. On such compliance being made the Respondent/Zilla
Parishad shall process Petitioners’ pension papers and
extend all the pensionary benefits.
7. Pending Civil Applications, if any, stand disposed of.
( AJIT B. KADETHANKAR, J. ) ( KISHORE C. SANT, J. )
PRW
Checking your session…