Bombay High Court

PANDIT RUPCHAND IMALEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER VAISHALI PATIL JADHAV

Holding

The petitioner is entitled to apply for the old pension scheme benefits and the concerned authority must decide the application on its merits.

Summary

Pandit Rupchand Imale filed a writ petition challenging the denial of benefits under the old pension scheme, contending that his appointment dated 01‑09‑2004 predates the November 2005 cutoff for the new scheme. The petitioner argued that he should be allowed to claim the old pension benefits. The High Court examined whether the statutory cutoff date barred his claim and whether the petitioner could be granted liberty to approach the concerned authority. The Court held that the petitioner could indeed apply for the old pension scheme benefits and directed the authority to decide the application on its merits within six weeks. The writ petition was subsequently disposed.

Issues considered

Whether a government employee appointed before November 2005 is entitled to benefits under the old pension scheme despite the later introduction of a new pension scheme.

Subjects

pension scheme
old pension scheme
government service
appointment date
writ petition
high court

Judgment

2026:BHC-AUG:9204-DB

1 5818.2019WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
1213 WRIT PETITION NO. 5818 OF 2019
Pandit Rupchand Imale
VERSUS
The State Of Maharashtra And Others
...
Advocate for the Petitioner : Mr. Kulkarni A.S.
AGP for Respondent/State : Mr. M.K. Goyanka
...
CORAM : ARUN R. PEDNEKER AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 27th FEBRUARY, 2026.
ORDER :

. The learned counsel for the petitioner submits that the
petitioner's appointment is prior to November, 2005. The appointment
of the petitioner is approved on 01.09.2004. The learned counsel
submits that the petitioner has not been granted the benefit of old
pension scheme. He submits that the petitioner would apply to the
concerned authority for grant of benefit under the old pension scheme.
2. Liberty is granted to the petitioner to apply the concerned
authority for granting old pension scheme. The concerned authority to
decide the said application on its own merits within six weeks
thereafter.
3. The Writ Petition is disposed of.

(VAISHALI PATIL-JADHAV,J.) (ARUN R. PEDNEKER,J.)

sga

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