Bombay High Court

PALLAVI UTTAM DONGAREversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is allowed, declaring the petitioner entitled to benefits under the Old Pension Scheme and the applicable pension and provident fund rules.

Summary

Pallavi Uttam Dongare filed a writ petition challenging the denial of benefits under the Old Pension Scheme, asserting that she was recruited before the cut‑off date of 1 November 2005. The State of Maharashtra contended that the newer pension provisions applied. The Court examined the matter in light of its earlier judgments in Writ Petition No. 2271 of 2021 and Writ Petition No. 14481 of 2023, which held that employees recruited before the statutory cut‑off are entitled to the legacy pension regime. Relying on those precedents, the Court concluded that the petitioner’s recruitment date qualifies her for the Old Pension Scheme and the associated benefits under the Maharashtra Civil Service (Pension) Rules, 1982, the Commutation of Pension Rules, 1984, and the General Provident Fund Scheme. Accordingly, the petition was allowed, granting the relief sought in prayer clauses B and C.

Issues considered

Whether an employee recruited before 1 November 2005 is entitled to the Old Pension Scheme.
Whether the Maharashtra Civil Service (Pension) Rules, 1982 and related rules apply to the petitioner.

Legislation cited

General Provident Fund Scheme
Maharashtra Civil Service (Pension) Rules
Maharashtra Civil Services (Commutation of Pension) Rules

Subjects

pension
old pension scheme
recruitment cut‑off date
civil service rules
writ petition
service benefits

Judgment

2026:BHC-AUG:44114-DB

{1} 93-wp-9877-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

93 WRIT PETITION NO. 9877 OF 2023

Pallavi Uttam Dongare
VERSUS
The State Of Maharashtra And Others
...
Mr. A.K. Shingare h/f Mr. L.H. Kawale, Advocate for the Petitioner
Ms. Neha Kamble, AGP for State
Mr. Sachin Munde, Advocate for Respondent No. 3
.......

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

DATE : 28th SEPTEMBER, 2026
PER COURT :

1. Indisputably, the issue raised in this petition is squarely covered

by the decision of this Court in Writ Petition No. 2271 of 2021 at

Principal Seat and Writ Petition No. 14481 of 2023.

2. For the reasons stated in the above decisions, writ petition is

allowed in terms of prayer clause ‘B’ and ‘C’, which are as follows:

“B. By issuing appropriate writ, order or directions in the
like nature, may kindly be hold and declare that, petitioner
is recruited and appointed prior to the cut of date i.e.
1.11.2005 and therefore she is entitled to get the benefit of
Old Pension Scheme and for that purpose issue necessary
orders.

C. By issuing appropriate writ, order or directions in the
like nature, may kindly be hold and declare that, petitioner
is entitled to get the benefits of Maharashtra Civil Service
{2} 93-wp-9877-2023

(Pension) Rules 1982 and Maharashtra Civil Services
(Commutation of pension) Rules, 1984 and General
Provident Fund Scheme (GPF) and for that purpose issue
necessary orders.”

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

Bhagyawant Punde

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