131-WP-6956-2026 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 6956 OF 2026 (Shri Dilip Nanayya Samudralwar Vs. The State of Maharashtra & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. P.J. Mehta, Counsel for the petitioner. Mr. N.R. Patil, A.G.P. for respondent no.1/State. Ms. Meghna Munshi, Counsel for respondent nos. 2 and 3. ..... CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. OCTOBER 1, 2026 On previous date, following order was passed : “The learned proxy-counsel Mr. A.P. Deshpande appearing on behalf of Mr. P.J. Mehta, learned Counsel for the petitioner, seeks time as the arguing counsel is unavailable due to personal difficulty. 2. Time, as sought, is granted. 3. List the matter for further consideration on 01-10-2026. 4. The petitioner shall remove the office objections within a period of one week, failing which the petitioner shall pay costs of Rs.1,000/- (Rupees One Thousand), which shall be deposited with the “Public Welfare Account’ bearing No. 129712010001014, IFSC Code No. UBIN0812978 with Union Bank of India, High Court Branch, Civil Lines, Nagpur, within a week thereafter.” 2] The Counsel for the petitioner, on instructions, seeks permission to withdraw the petition. He, however, submits that considering the peculiar facts of the case, the respondents may be directed to consider extending compassionate pension in terms of Rule 101 of 2026:BHC-NAG:13048-DB 131-WP-6956-2026 2 the Maharashtra Civil Services (Pension) Rules, 1982 (for short “Rules of 1982”). Rule 101 reads as under : “101. Grant of Compassionate Pension in deserving cases by Government . (1) A Government servant who is removed from service shall forfeit his pension and gratuity : Provided that if the case is deserving of special consideration, Government may sanction a Compassionate Pension not exceeding two- thirds of pension or gratuity or both which would have been admissible to him if he had retired on compensation pension. (2) A compassionate pension sanctioned under the proviso to sub-rule (1) shall not be less than the minimum pension as fixed by Government. (3) A dismissed Government servant is not eligible for Compassionate Pension.” 3] Thus, the Government Servant, who has been removed from service, will forfeit his pension and gratuity. However, in a deserving case, the Government may sanction compassionate pension. 4] Thus, it is for the Government to satisfy itself whether the present case is deserving of special consideration. 5] That being so, we permit the petitioner to make representation in this regard to respondent no.2, who may consider the same in the light of the provisions under Rule 101 of the Rules of 1982. 6] The petition is disposed of in terms of above. (NIVEDITA P. MEHTA, J.) (ANIL L. PANSARE, J.) Sumit Signed by: Mr. Sumit Agrawal Designation: PS To Honourable Judge Date: 01/10/2026 15:39:22