SHAIKH JAMIL AHMED MUSAMIYAN AND OTHERS v. THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
WP/11207/2026 · 2026-09-03
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7221 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7221 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 71.WP.11207.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11207 OF 2026 SHAIKH JAMIL AHMED MUSAMIYAN AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Advocate for the Petitioner : Mr. Ganesh Ramrao Jadhav AGP for Respondents/State : Mr. S.R. Wakale ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 03.09.2026 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 Another Vs. The State of Maharashtra And Others; 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 2026:BHC-AUG:40373-DB
2 71.WP.11207.26.odt
01.04.2010. However, the same will be subject to the examination of 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.) habeeb/