901-WP 7641-26.DOC Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7641 OF 2026 Balasaheb Vinayakrao Kane ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents AND WRIT PETITION NO. 11291 OF 2026 (Not on board. Taken on board.) Pathan Yusuf Khan Ibrahim Khan ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents _________ Ms. Pranita Hingmire for Petitioner in WP No. 7641/26. Mr. Rahul Kadam for Petitioner in WP No. 11291/26. Mr. Aditya Deolekar, AGP for State in WP No. 7641/26. Mrs. Nisha Mehra, AGP for State in WP No. 11291/26. Mr. Sarang Aradhye with Ms. Gauri Velankar and Ms. Sajiri Shah for Respondent Nos.6 & 7/ Management in both matters. _________ CORAM: G. S. KULKARNI & Dr. NEELA GOKHALE, JJ. DATE: 08 SEPTEMBER 2026. P.C. 1. These are two petitions impugning a common order dated 30 March 2026 passed by Dr. Ganpat More, Deputy Director of Education, Pune Region, Pune. The prayers made in both the petitions are required to be noted which read thus:- “ Prayers in Writ Petition No. 7641 of 2026 a) This Hon'ble Court may be pleased to issue a Writ of Mandamus or any other writ, order or direction in the nature quashed and set aside the order dated 22/04/2022 (Exhibit-F) and 06/04/2026(Exhibit-I) passed by Respondent No. 3. b) This Hon'ble Court may be pleased to issue a Writ of Mandamus or any other writ, order or direction in the nature direct the Respondent No. 2 to 5 to immediately start the pension to the Petitioner with interest and further disburse the pension and other related benefits with interest within 08 September 2026 PRASHANT VILAS RANE Digitally signed by PRASHANT VILAS RANE Date: 2026.09.16 19:35:51 +0530 901-WP 7641-26.DOC stipulated time. c) Pending hearing and final disposal of this writ petition the Respondent No. 2 to 5 further be directed to immediately start the pension to the Petitioner regularly and further disburse the pension and other related benefits within stipulated time. c) Ad-interim and interim reliefs be granted in terms of prayer clause (c) of the above; d) Cost of the petition be provided for; e) for such other and further reliefs as this Hon'ble Court may deem fit and proper.” Prayers in Writ Petition No. 11291 of 2026 “[A] That this Hon'ble Court under its Writ jurisdiction under Article 226 and 227 of the Constitution of India 1950, be please to call for the record and proceedings of the impugned orders Dt. 22.04.2022 & 30.03.2026 passed by the Respondent No. 2, Deputy Director of Education, Pune Region & the said orders being illegal and bad in law Both the orders may be quashed and set aside, and the so-called alleged complaint of the original complainant may be dismissed. B] That this Hon'ble Court under its Civil Appellate Writ jurisdiction under Article 226 and 227 of the Constitution of India, 1950, be please to direct the Respondents since the present Petitioner's appointment and approval are valid. He is entitled to pensionary benefits, and thus the Respondents may be directed to provide the Petitioner all retirement benefits, including pension and gratuity to which he is entitled forwarding his proposal for Pension. [C] Interim / Ad- interim relief in terms of prayer Clause [A] and [B] may be awarded in favour of the Petitioner. [D] That the costs of this Writ petition be awarded in favour of Petitioner against Respondent, by this Hon'ble Court. [E] For such other orders as justice and convenience may demand from time to time be passed in favour of the Petitioner by this Hon'ble Court.” 2. The grievance of the petitioners is that, by the impugned order, the approval granted to their appointments by a common order dated 27 January 1992 has been cancelled, after a lapse of 34 years, and that too on a wholly unsustainable ground. We heard the petitions yesterday, i.e. on 07 September 2026, when we passed the following order in Writ Petition No. 7641 of 2026:- 08 September 2026 901-WP 7641-26.DOC “1. The facts of the case of this petition are gross, the Deputy Director of Education Dr. Ganpat More has passed a totally high handed, arbitrary and illegal order, we intend to pass appropriate orders, including to consider whether the said incumbent is fit to discharge duties as a public servant. 2. However, at the request of Mr. Deolekar, learned AGP, stand over to 8th September 2026.” 3. Today, Mr. Deolekar, learned AGP, as also Ms. Mehra, learned AGP, on instructions, state that the impugned order dated 30 March 2026, along with the communication dated 06 April 2026, are being withdrawn by the Deputy Director of Education, Pune Region, Pune. It is further stated that, as a consequence thereof, the approval granted to the appointment of the petitioners by an order dated 27 January 1992 would stand restored. As a consequence thereto, the order dated 22 April 2022, as referred to in the operative portion of the impugned order dated 30 March 2026, would also not survive. Accordingly, the order dated 22 April 2022 is also quashed and set aside. Ordered accordingly. 4. The respondents are directed to forthwith give effect to the approval in respect of all matters relating to the payment of pension and any other relevant issues incidental thereto. 5. In this view of the matter, accepting the statement made by the learned AGPs on instructions that the impugned orders stand withdrawn, further adjudication of the present writ petitions is not called for. 6. The writ petitions stand disposed of in the aforesaid terms. No costs. (Dr. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) 08 September 2026