Bombay High Court

VANDANA VASANTRAO INGALE AND ANOTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The petition is dismissed as the issue has already been decided by the Full Bench judgment.

Summary

The petitioners, Vandana Vasantrao Ingale and another, filed a writ petition seeking pension under the old pension scheme. The respondents, the State of Maharashtra, contended that the issue had already been decided by a Full Bench judgment in Deshmukh Dilipkumar Bhagwan v. State of Maharashtra (Writ Petition No. 8387/2013). The learned Additional Government Pleader informed the Court that the Full Bench decision is currently under challenge before the Supreme Court, which has granted leave to appeal. The Court held that, since the matter is already covered by the Full Bench judgment, the present petition could not be entertained further. Consequently, the petition was disposed, with a reservation that the petitioners may approach the Court again if the cause of action survives after the Supreme Court's decision.

Issues considered

Whether the petitioners are entitled to pension under the old pension scheme.
Whether the writ petition is maintainable in view of the Full Bench judgment already deciding the issue.

Subjects

pension
old pension scheme
writ petition
full bench judgment
Supreme Court
disposal

Judgment

2026:BHC-AUG:7938-DB


                                                                              5306.16wp
                                                  (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              9 WRIT PETITION NO. 5306 OF 2016

                        VANDANA VASANTRAO INGALE AND ANOTHER
                                        VERSUS
                         THE STATE OF MAHARASHTRA AND OTHERS
                                                 …..
                Mr Tushar C. Kale, Advocate h/f Mr S. R. Andhale, Advocate for
                Petitioners
                Mr S. J. Salgare, AGP for Respondents/State
                                                …..

                                        CORAM : KISHORE C. SANT
                                                      AND
                                                SUSHIL M. GHODESWAR, JJ.

                                          DATE : 20th FEBRUARY 2026

                PER COURT :-


                1.          This petition is for granting pension as per the old pension

                scheme.


                2.          Learned A.G.P. informs that now, the issue involved in

                this writ petition is decided by the Full Bench judgment dated

                26/08/2019 passed by this Court in the case of Deshmukh

                Dilipkumar Bhagwan and ors. Vs. The State of Maharashtra and

                Ors. (Writ Petition No.8387/2013) alongwith connected petitions. He

                further informs that the said judgment is now under challenge before

                the Hon’ble Apex Court. The Hon’ble Apex Court has granted leave
                                                                5306.16wp
                                     (2)

and the matter is pending before it. He, thus prays that the present

petition needs to be disposed off.


3.           In view of above, as this Court finds that the issue is

already covered by the Full Bench judgment passed by this Court, this

writ petition stands disposed off.


4.           It is kept open for the petitioners that, in case, after

disposal of the S.L.P. before the Hon’ble Apex Court, if cause of action

survives, the petitioners are at liberty to approach this Court again.




[SUSHIL M. GHODESWAR, J.]                     [KISHORE C. SANT, J.]

sjk

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