Bombay High Court

KISAN GAMBHIR SONARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is allowed; the State must grant the petitioner the second ACPS benefit and all related consequential benefits.

Summary

Petitioner Kisan Gambhir Sonar, a government employee, filed a writ petition seeking the grant of the second benefit under the Additional Compensatory Pension Scheme (ACPS) after completing 24 years of service. The respondents, the State of Maharashtra, had not yet applied the second ACPS benefit. The Court noted that the matter was directly covered by its earlier decision in Tarabai d/o Gujar Ahire v. State of Maharashtra (Writ Petition 4733 of 2019). Relying on that precedent and the Government Resolution dated 01‑04‑2010, the Court held that the petitioner is entitled to the second ACPS benefit, subject to satisfying the scheme’s criteria. Accordingly, the petition was allowed and the respondents were directed to grant the second ACPS benefit, along with all consequential benefits such as revised pay, arrears, retirement benefits and pension, within six months.

Issues considered

What entitlement does a government employee have to the second benefit under the ACPS after completing 24 years of service?
Whether the State must grant the second ACPS benefit and related consequential benefits to the petitioner.

Subjects

ACPS
second benefit
government employee
pension
writ petition
Maharashtra

Judgment

2026:BHC-AUG:36576-DB


                                                {1}                   56-wp-9933-2026

                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                              56 WRIT PETITION NO. 9933 OF 2026

                                      Kisan Gambhir Sonar
                                             VERSUS
                    The State Of Maharashtra Through Its Secretary And Others
                                                 ...
              Mr. A.D. Pawar, Advocate for the Petitioner
              Mr. S.K. Tambe, AGP for State
                                               .......

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


                                          DATE : 17th AUGUST, 2026
              PER COURT :

              1.   Indisputably, the issue raised in the present petition is squarely

              covered by the decision of this Court [Coram : Nitin B. Suryawanshi &

              Vaishali Patil-Jadhav] in Tarabai d/o Gujar Ahire And Anr. Vs. The State

              of Maharashtra And Ors.; Writ Petition 4733 of 2019 and other

              connected writ petitions.


              2.   For the reasons stated in the said judgment, Writ Petition is

              allowed.


              3.   Respondents are directed to grant second benefit of ACPS to the

              petitioner from the date immediately after completion of 24 years of

              service, as per the provisions of Government Resolution dated

              01.04.2010. However, the same will be subject to the examination of
                                  {2}                    56-wp-9933-2026

case of the Petitioner whether the Petitioner satisfy the criteria laid

down for availing the benefits of ACPS.


4.       We direct the respondents to apply second ACPS to the petitioner

as early as possible, preferably within a period of six months. Needless

to mention here that the petitioner is entitled to all the consequential

benefits, i.e. revised pay fixation, arrears of salary, revised retirement

benefits, monthly pension, which have been released, within a period

of six months from the date of this order.



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




Bhagyawant Punde

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