Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 15987 (BOM)

SUDHAKAR SHIVAJI KAMBLE v. THE STATE OF MAHARASHTAR THR THE SECRETARY AND OTHERS

WP/13080/2026 · 2026-10-01

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 45.WP.13080.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 13080 OF 2026 SUDHAKAR SHIVAJI KAMBLE VERSUS THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ... Advocate for the Petitioner : Mr. Prashant D. Suryawanshi AGP for Respondent Nos.1 and 2 : Ms. S.S. Joshi Advocate for Respondent Nos.3 to 5 : Mr. B.B. Bhise ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 01.10.2026 PER COURT: 1. Heard. Issue notice to the respondents. Learned A.G.P. waives service for respondent Nos.1 and 2. Learned advocate Mr. B.B. Bhise waives service for respondent Nos.3 to 5. 2. The petitioner, by this writ petition, has put-forth the following prayers : “A. The writ petition may please be allowed; B. By issuing Writ of Mandamus or any other appropriate writ or direction in the like nature, be please to direct the respondent No. 3 release all the retirement benefits of the present petitioner including her Gratuity and Pension amount which are withheld on the ground of non submission of the Tribe Validity certificate C. Pending hearing and till final disposal of the present writ petition the respondent no. 3 may kindly be directed to 2026:BHC-AUG:46705-DB 2 45.WP.13080.26.odt release the provisional pension of the petitioner. D. Ad-interim relief in terms of prayer clause C above may please be granted.” 3. Learned advocate for the petitioner has invited our attention to the orders passed by this Court in Writ Petition No.12274 of 2024 on 28.11.2024 in the case of Shankar Shamanna Tangdelu vs The State of Maharashtra and others as well as in Writ Petition No.13639 of 2025 dated 17.12.2025 in the case of Ashok Kishanrao Ardade vs The State of Maharashtra and others, wherein, this Court has dealt with identical issue involved in this writ petition. 4. Considering these orders and the reliefs sought in the petition, we find that this petition can also be disposed of in the light of the orders passed by this Court (supra). In that view of the matter, we pass the following order. ORDER (i) The petitioner shall file an affidavit before the Scrutiny Committee stating that the petitioner do not wish to press his proposal for issuance of validity certificate and the Committee shall permit him not to press the proposal within two weeks thereafter. (ii) On such compliance being made, the respondent No.3 - Zilla Parishad shall process the petitioner’s pension 3 45.WP.13080.26.odt papers and extend all the pensionary benefits, as expeditiously as possible and preferably within eight weeks from today. 5. With these directions, the writ petition stands disposed of. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) habeeb/