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2026 DAILYLAW 3511 (BOM)

SITARAM NAVAL NAIK AND ORS v. THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ORS

WP/9939/2026 · 2026-08-17

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Judgment text

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{1} 62-wp-9939-2026 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 62 WRIT PETITION NO. 9939 OF 2026 Sitaram Naval Naik And Others VERSUS The State Of Maharashtra Through Its Principal Secretary And Others ... Mr. Vinod P. Patil, Advocate for the Petitioners Mr. B.B. Bhise, AGP for State ....... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 17th AUGUST, 2026 PER COURT : 1. Indisputably, the issue raised in the present petition is squarely covered by the decision of this Court [Coram : Nitin B. Suryawanshi & Vaishali Patil-Jadhav] in Tarabai d/o Gujar Ahire And Anr. Vs. The State of Maharashtra And Ors.; Writ Petition 4733 of 2019 and other connected writ petitions. 2. For the reasons stated in the said judgment, Writ Petition is allowed. 3. Respondents are directed to grant second benefit of ACPS to the petitioners from the date immediately after completion of 24 years of service, as per the provisions of Government Resolution dated 01.04.2010. However, the same will be subject to the examination of 2026:BHC-AUG:36577-DB {2} 62-wp-9939-2026 individual cases for deciding whether the Petitioners satisfy the criteria laid down for availing the benefits of ACPS. 4. We direct the respondents to apply second ACPS to the petitioners as early as possible, preferably within a period of six months. Needless to mention here that the petitioners are entitled to all the consequential benefits, i.e. revised pay fixation, arrears of salary, revised retirement benefits, monthly pension, which have been released, within a period of six months from the date of this order. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Bhagyawant Punde