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2024 DAILYLAW 1779 (BOM)

AMIT S/O TANAJI SHINDE AND ORS v. STATE OF MAHARASHTRA THROU. THE SEC. FINANCE DEPT AND ORS

WP/14896/2024 · 2026-08-19

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Judgment text

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11-WP-14896-2024.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14896 OF 2024 Amit S/o Tanaji Shinde And Ors ...Petitioners Versus State Of Maharashtra Thr.The Sec. Finance Dept And Ors ...Respondents _______ Mr. Govind Solanke, for petitioners. Ms. K. N. Solunke, Addl. Govt. Pleader with P.N.Diwan, AGP for State. Mr. Subhash V. Gutte, for Respondent Nos.4 and 5. _________ CORAM: G. S. KULKARNI & Dr.NEELA GOKHALE, JJ. DATE: 19 AUGUST 2026. P.C. 1. This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs: “(a) This Writ Petition may kindly be allowed; (b) This Hon’ble Court may be pleased to issue an appropriate Writ thereby holding that, the petitioners are recruited prior to 1.11.2005 and therefore, they are entitled to get the benefits of old pension scheme i.e. The Maharashtra Civil Service (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; (c) This Hon’ble Court be pleased to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus thereby directing the Respondent Authorities to extend the benefits to the Petitioners under The Maharashtra Civil Service (Pension) Rules 1982 and Maharashtra Civil Services (Commutation of Pension) Rules, 1984 and General Provident Fund Scheme (GPF) and further direct them to make contribution towards the said Pension Scheme and General Provident Fund Scheme. (d) This Hon’ble Court be pleased to issue a Writ of Mandamus and/or a Writ in the nature of Mandamus thereby directing the Respondent authorities not to enforce and apply the New Pension Scheme i.e. Defined Contribution Pension Scheme to the Petitioners in any manner and/or by any method;” 19 August 2026 P.V.Rane PRASHANT VILAS RANE Digitally signed by PRASHANT VILAS RANE Date: 2026.08.21 10:33:54 +0530 11-WP-14896-2024.DOC 2. Learned Counsel for the petitioners submits that a representation dated 8 April 2024 is pending consideration before the Commissioner, Mahanagarpalika Shikshan Mandal, Nashik. He submits that the petition can be conveniently disposed of by directing the Commissioner of the Municipal Corporation, Nashik– Respondent Nos.4 and 5 to consider the representation dated 8 April 2024 (Exhibit ‘G’, page 105 to the petition) and decide the same in accordance with law, as expeditiously as possible. The prayer as made by the learned Counsel for the petitioner is fair. 3. We accordingly dispose of this petition keeping open all contentions of the parties, with a direction that a representation dated 8 April 2024 (Exhibit ‘G’) be decided by respondent Nos.4 and 5, in any event, within a period of six weeks from today. All contentions of the parties are expressly kept open. 4. Disposed off in the aforesaid terms. No costs. (Dr.NEELA GOKHALE, J.) (G. S. KULKARNI, J.) 19 August 2026 P.V.Rane