Bombay High Court

RAJU BANSHI KOHOKversusTHE STATE OF MAHARASHTRA AND OTHERS

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

Holding

The writ petition stands disposed off as the issue has already been decided by the Full Bench judgment.

Summary

The petitioner, Raju Banshi Kohok, filed a writ petition seeking a pension under the old pension scheme. The learned Additional Government Pleader informed the Court that the matter had already been decided by a Full Bench judgment in Deshmukh Dilipkumar Bhagwan & Ors. v. State of Maharashtra & Ors. (Writ Petition No. 8387/2013), which is currently under challenge before the Supreme Court. The High Court held that, since the issue was already covered by the Full Bench decision, the present petition could not be entertained and was therefore disposed of. However, the Court kept the petition open for the petitioner to approach the Court again if the Supreme Court reverses or modifies the Full Bench judgment. The petition was thus disposed pending any future change in the higher court’s ruling.

Issues considered

Whether the petitioner is entitled to a pension under the old pension scheme.
Whether the writ petition can be entertained in view of the Full Bench judgment already deciding the issue.

Subjects

pension
old pension scheme
writ petition
full bench judgment
Supreme Court challenge
jurisdiction

Judgment

2026:BHC-AUG:7944-DB


                                                                              8572.18wp
                                                  (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             21 WRIT PETITION NO. 8572 OF 2018

                                    RAJU BANSHI KOHOK
                                          VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                 …..
                Mr Nikhil Jagtap, Advocate h/f Mr Mahesh S. Bhosale, Advocate for
                Petitioner
                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
                                                                8572.18wp
                                     (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 petitioner that, in case, in S.L.P.

before the Hon’ble Apex Court, if the judgment of this Court is

reversed/modified, the petitioners will have a right to approach this

Court again.



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

sjk

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