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2025 DAILYLAW 71223 (BOM)

PRABHAKAR SITARAM SHIRSATH v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

WP/7261/2022 · 2025-12-18

Shri Abasaheb D Shinde, Shri R G Avachat

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Judgment text

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1 941.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 941 WRIT PETITION NO. 7261 OF 2022 PRABHAKAR SITARAM SHIRSATH VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS … Advocate for the Petitioner : Mr. Joshi Sujit D. AGP for Respondent/State : Mr. S.R.Yadav-Lonikar Advocate for Respondent No.3 : Mr. Sangit L V … CORAM : R.G. AVACHAT AND ABASAHEB D. SHINDE, JJ. DATE : 18.12.2025 PER COURT : . Heard. 2. The petitioner’s claim to have belonged to 'Tokre Koli' Scheduled Tribe has been invalidated by the tribe certificate Scrutiny Committee. He is in employment with the respondent/Municipal Corporation. In this Writ Petition, by virtue of interim order dated 03.10.2022, the petitioner's service has been protected on certain conditions. 3. Now, the petitioner has filed Civil Application contending that he has now been retired on superannuation and by virtue of Government Resolution dated 14.12.2022 he may be paid all the retiral benefits including pension. 4. He has placed on record a Government Resolution dated 14.12.2022. The clause-I of it reads thus : 2025:BHC-AUG:36493-DB 2 941.doc ‘kklu fu.kZ; % vuqlwfpr tekrhps tkr izek.ki= voS/k BjY;keqGs T;k ‘kkldh; vf/kdkjh@deZpkjh ;kauk vf/kla[; inkoj oxZ dsys vkgs v’kk vf/kla[; inkojhy deZpkjh ;kauk lsok fo”k;d rlsp lsok fuo`Rrhps ykHk ns.;kr ;kosr- ;ke/;s inksUurh o vuqdaik /kksj.k ;kpk ykHk feG.kkj ukgh- 5. It is not disputed that the government resolution applies to the respondent/Municipal Corporation as well. 6. In view of the state policy being adopted by the respondent/Corporation, the Writ Petition stands disposed of with a direction to the respondent/Corporation to pay to the petitioner, retiral benefits including pension, if any, due to him. 7. The order dated 03.10.2022 passed by this Court is hereby withdrawn. 8. The Writ Petition alongwith the Civil Application thus stand disposed of in the light of the aforesaid order. 9. All the dues of the petitioner be released to the petitioner within a timeframe of six months from the date of this order. ( ABASAHEB D. SHINDE, J. ) ( R.G. AVACHAT, J. ) vsj..