Bombay High Court

RAVINDRA MADHUSUDAN KHANAPURKARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court directed the Management to remove the identified deficiencies within four weeks, the Education Officer to process the pension proposal within six weeks, and the Accountant General to grant pension benefits within six weeks thereafter, with provisional pension payable in the meantime.

Summary

The petitioner, Ravindra Madhusudan Khanapurkar, filed a writ petition seeking direction for the processing of his pension proposal dated 29‑11‑2019 and the grant of pensionary benefits. The Accountant General (A&E) indicated that the proposal was received on 28‑01‑2021 but deficiencies were communicated to the Education Officer, who failed to respond despite multiple reminders. The Education Officer later claimed to have informed the Management of the deficiencies, which remain unaddressed. The Court directed the Management to rectify the deficiencies within four weeks, ordered the Education Officer to process the proposal within six weeks of receipt, and required the Accountant General to grant the pension within six weeks thereafter, with provisional pension to be paid in the interim. The writ petition was disposed with these directions.

Issues considered

Whether the respondents are liable to remove the deficiencies in the pension proposal and process it within a reasonable time.
Whether the petitioner is entitled to provisional pension pending final determination.

Subjects

pension
writ petition
provisional pension
administrative delay
deficiencies
management directions

Judgment

2026:BHC-AUG:39113-DB


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                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                               923 WRIT PETITION NO. 709 OF 2025

                                Ravindra Madhusudan Khanapurkar
                                             VERSUS
                               The State Of Maharashtra And Others
                                                 ...
              Mr. A.N. Nagargoje, Advocate for the Petitioner
              Mr. N.S. Tekale, AGP for State
              Mr. Nitin Kadam h/f Mr. D.M. Mane, Advocate for Respondent No. 5 and
              6
                                               .......

                                        CORAM : NITIN B. SURYAWANSHI AND
                                                ABASAHEB D. SHINDE, JJ.


                                          DATE : 28th AUGUST, 2026
              PER COURT :

              1.    Petitioner seeks direction to Respondents to process his pension

              proposal dated 29.11.2019 and grant him pensionary benefits.


              2.    Respondent No. 2- Accountant General (A & E) has filed reply

              stating that his office received pension proposal vide letter dated

              28.01.2021. By letter dated 24.02.2021 deficiencies were informed to

              Respondent No. 4-Education Officer. Remainders were also issued

              thereafter to the Education Officer on 22.06.2021, 06.10.2021 and

              03.01.2023, however, no reply is received from the Education Officer.


              3.    The Education Officer by filing reply has stated that he informed

              the   deficiencies   to   the   Management   by   communication   dated
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14.02.2024 and 10.02.2025, however, the Management has not

removed those deficiencies.


4.    Learned Advocate for the Petitioner by relying on communication

dated 22.06.2021 addressed by Accounts Officer to the Education

Officer submits that office of Respondent No. 2 has sought detail

information in respect of following aspects;

        (a) Details of Writ Petition No. 1853/2014
        (b) Writ Petition No. 9983/2014 and 733/2015 filed by
        Education Officer
        (c) Civil Surgeon's Writ Petition No. 10962/2018
        (d) The case pending in District Court, Aurangabad
        bearing No. 1385/2018


5.    It is the case of the Petitioner that except these there were no

other deficiencies pointed out by the office of Respondent No. 2 to the

Education Officer. However, the Education Officer is unnecessarily

prolonging the pension proposal of the Petitioner.


6.    We direct the Management to remove the deficiencies pointed

out by the Education Officer within four weeks from the date of receipt

of copy of this order.


7.    After the proposal is received by the Education Officer, he shall

process it within a period of 06 weeks from the date of its receipt and

forward it to Respondent No. 2.
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8.       Respondent No. 2 then shall process said proposal and grant

pensionary benefits, if the Petitioner is eligible, within a period of 06

weeks thereafter.


9.       In the meanwhile, Respondents shall pay provisional pension to

the Petitioner as per prevailing rules.


10.      With these directions, Writ Petition is disposed of.



(ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde

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