Bombay High Court

SITARAM NAVAL NAIK AND ORSversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ORS

Disposal: DISPOSED OFF

Holding

The Court held that the petitioners are entitled to the second benefit of ACPS after 24 years of service, subject to the criteria, and ordered its grant.

Summary

The petitioners, Sitaram Naval Naik and others, sought the grant of the second benefit under the Additional Compensatory Pension Scheme (ACPS) after completing 24 years of service, invoking a Government Resolution dated 01.04.2010. The High Court noted that the issue 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, the Court allowed the writ petition and directed the respondents to award the second ACPS benefit to the petitioners, subject to verification of eligibility criteria. The order also mandated that the revised pay fixation, salary arrears, revised retirement benefits, and monthly pension be released within six months of the order. The respondents were instructed to implement the benefit as soon as possible, preferably within six months.

Issues considered

Whether the petitioners are entitled to the second benefit of ACPS after completing 24 years of service under the Government Resolution dated 01.04.2010
Whether the petitioners satisfy the criteria for availing the second ACPS benefit and are therefore eligible for revised pay, arrears, and pension

Subjects

ACPS
second benefit
pension scheme
service tenure
writ petition
Maharashtra
High Court

Judgment

2026:BHC-AUG:36577-DB


                                                {1}                   62-wp-9939-2026

                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                              62 WRIT PETITION NO. 9939 OF 2026

                                    Sitaram Naval Naik And Others
                                                VERSUS
               The State Of Maharashtra Through Its Principal Secretary And Others
                                                   ...
              Mr. Vinod P. Patil, Advocate for the Petitioners
              Mr. B.B. Bhise, 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

              petitioners 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}                     62-wp-9939-2026

individual cases for deciding whether the Petitioners satisfy the criteria

laid down for availing the benefits of ACPS.


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

petitioners as early as possible, preferably within a period of six

months. Needless to mention here that the petitioners are 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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