12-WP-14599-23.doc Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14599 OF 2023 Dr. Raghunandan B. Nikam …Petitioner Versus The State of Maharashtra & Ors. …Respondents ---------- Mr. S.S. Borulkar for the Petitioner. Mr. S.H. Kankal, AGP for the Respondent-State. Mr. Jagdish G. Aradwad (Reddy) for the Respondent Nos. 3, 4 and 5. ---------- CORAM : R.I. CHAGLA J ADVAIT M. SETHNA, J DATE : 28 January 2026 ORDER : 1. By this Writ Petition, the Petitioner has sought a direction to the Respondents to pay the pension and other retiral benefits on the basis of his basic pay upon his retirement on 31st December 2017 i.e. 60 years of age, amounting to Rs. 23,375/- as basic pension, gratuity to the sum of Rs. 7,00,000/- as per last drawn salary of 31st December 2017 annexed at Exhibit “D” to the Petition. As also to direct the Respondents to pay the recovered amount as per his 1/3 SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date: 2026.02.02 10:55:04 +0530 12-WP-14599-23.doc retirement age of 60 years. 2. The learned Counsel for the Petitioner submits that after the passing of the order dated 1st July 2022, which is annexed at Exhibit “F” to the Petition and which the Petitioner has sought to quash and set aside, a Division Bench of this Court, in another case, namely Dr. Prakash Borulkar Vs. State of Maharashtra and Ors.1, by order dated 20th September 2022, held that the additional two years of service between the ages of 58 and 60 shall be reckoned as part of the total service rendered by the Petitioner therein from the date of appointment till the date of superannuation on completion of 60 years of age, on 31st December 2018. This is for the purpose of computing pension as well as other retiral benefits, including gratuity. 3. The said Writ Petition was allowed. Accordingly, there was an order restraining the Thane Municipal Corporation to recover amount from the Petitioner’s pension. 4. Thereafter, in light of the said order dated 20th September 2022, the Petitioner made two representations to the 1 Writ Petition No. 6004 of 2021 2/3 12-WP-14599-23.doc Thane Municipal Corporation on 27th October 2022 and 1st July 2023. 5. Learned Counsel appearing for the Petitioner submits that the said representations have not been considered by the Thane Municipal Corporation and has therefore sought consideration of the said representations. 6. Learned Counsel appearing for the Respondent Nos. 3 and 4 – Thane Municipal Corporation states that the representations dated 27th October 2022 and 1st July 2023 of the Petitioner will be considered by the Thane Municipal Corporation in accordance with law. This statement is accepted. 7. In view of the above statement, the remaining prayers made in the Writ Petition are not required to be gone into at this stage, and the Writ Petition is accordingly disposed of. There shall be no order as to costs. 8. We clarify that we have not made any observations on the merits of the Petition. [ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.] 3/3