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2022 DAILYLAW 2726 (BOM)

SUVARNA ANAND SURYAWANSHI v. STATE OF MAHARASHTRA THRU ITS SECRETARY, FINANCE DEPT. AND ORS

WP/10219/2022 · 2026-06-22

Shri Milind N Jadhav, Shri Nandesh Shankarrao Deshpande

Public Interest Litigationbody2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

8. CIVIL WP-10219-2022.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10219 OF 2022 Suvarna Anand Suryawanshi .. Petitioner Versus State of Maharashtra & Ors. .. Respondents ....................  Mr. Vikram Patil i/by Mr. Govind S. Solanke, Advocates for Petitioner  Mr. S.H. Kankal, AGP for Respondents - State and its functionaries ................... CORAM : MILIND N. JADHAV & NANDESH S. DESHPANDE, JJ. DATE : JUNE 22, 2026 P. C. : 1. Heard Mr. Patil, learned Advocate for Petitioner and Mr. Kankal, learned AGP for Respondent - State and its functionaries. 2. On 15.06.2026, this Court passed the following order:- “1. Prima facie, looking at the principal prayer pleaded by the Petitioner in the present case, petition stands worked out in view of the finding returned in paragraph no.11 of the order dated 30th November 2018, copy of which is appended at Page No.55. Similar orders are appended at page 49 onwards below Exhibit-E collectively which, inter alia cover the case of present Petitioner. 2. Grievance of the Petitioner is that despite the fact that a finding is returned by the Court that their appointment has been made prior to 1st November 2005 in view of which they will be covered by the Old Pension Scheme and not by DCPC scheme introduced by the notification dated 31st October 2005, the Petitioner is made to run from pillar to post and till date they have not been paid their dues. 3. Learned Advocate appearing for the Petitioner submits that Petitioner’s case before the Court is covered by the citations placed at page no.49 onwards. He submits that details of the Petitioner are given in the petition and her appointment order is also appended to the petition. 1 of 2 8. CIVIL WP-10219-2022.odt 4. Orders which are appended at Exhibit-E collectively would prima facie cover the Petitioner’s case fully as per the ratio in the above citation. 5. Learned AGP shall take instructions and apprise the Court on the next date when the Court will take up the matter for passing appropriate orders qua the Petitioner before this Court. 6. Stand over to 22nd June 2026 (First on Board).” 3. Learned AGP affirms the fact that appointment of Petitioner is prior to 01.11.2005 in view of the documents appended at Exh. A colly. to the Petition. In that view of the matter, Petitioner would be entitled to the benefit under the Old Pension Scheme and shall not be covered by DCPC Scheme introduced by virtue of Notification dated 31.10.2005. Petitioner’s case otherwise having been covered by the citations which are appended at page No. 49 onwards of Petition, present Petition stands allowed in terms of prayer clauses (b), (c) and (d). 4. Respondent No. 4 is directed to comply with the aforesaid order as expeditiously as possible and recompute and recalculate the benefits payable to the Petitioner in accordance with law. 5. With the above directions, Writ Petition is allowed and disposed. [ NANDESH S. DESHPANDE, J. ] [ MILIND N. JADHAV, J. ] Amberkar 2 of 2