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2026 DAILYLAW 8734 (BOM)

PANDURANG GANGADHAR TORKAD v. THE STATE OF MAHARASHTRA AND ORS

WP/456/2026 · 2026-09-16

body2026

Judgment text

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7.WP782_2026.DOC Vidya Amin IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 782 OF 2026 Vinod Vitthalrao Gadge … Petitioner Vs. The State of Maharashtra & Ors. … Respondents WITH WRIT PETITION NO. 456 OF 2026 Pandurang Gangadhar Torkad … Petitioner Vs. The State of Maharashtra & Ors. … Respondents WITH WRIT PETITION NO. 16088 OF 2025 Madhav Dagadu Revgade … Petitioner Vs. The State of Maharashtra & Ors. … Respondents __________ Mr. Satyajeet Anil Rajeshirke(through V.C.) for the petitioners. Mr. P.P. Kakade, Addl. G.P. a/w. Mr. V.G. Badgujar, AGP, Ms. P.N. Diwan, AGP, Ms. P.B. Chavan, AGP for the State. __________ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 16 SEPTEMBER, 2026. P.C. 1. These petitions raise common issue of law and facts. The prayers as made in the lead petition (Writ Petition No. 782 of 2016) are required to be noted, which reads thus: “a) Issue a Writ of Certiorari or any other appropriate writ, order or direction, calling for the records and proceedings pertaining to the impugned order dated 21.04.2023 passed by respondent no. 3. b) After considering the same, be pleased to quash and set aside the said impugned order dated 21.04. 2023. 16 September, 2026 2026:BHC-AS:37975-DB 7.WP782_2026.DOC c) Issue a Writ of Mandamus or any other appropriate writ,order or direction, directing the respondents to: i) Declare that the petitioner is governed by and entitled to the benefits of the Old Pension Cum Gratuity Scheme; ii) Consider 50% of the petitioner’s service rendered as a Part-time Teacher from 13.06.1998 to 07.08.2006 as qualifying service for pension, to be clubbed with his full-time service from 08.08.2006 onwards; iii) Consequently, open and operate a General Provident Fund (GPF) Account for the petitioner forthwith; d) Issue a Writ of Mandamus directing the respondents to refund the entire amount of petitioner’s contribution deducted from the petitioner’s salary towards the New Defined Contributory Pension Scheme (NPS/DCPS), along with interest @18% per annum from the respective dates of each deduction until the date of actual payment. 2. We have heard these petitions for sometime. Considering that there are insufficient pleadings, as also appropriate documents necessary for adjudication of these petitions are not on record and more particularly coonsidering the reply affidavit filed on behalf of the State Government, learned counsel for the petitioners seeks leave to withdraw these petitions with liberty to file fresh petitions. 3. Allowed to be withdrawn with liberty as prayed for. 4. All contentions of the parties are expressly kept open. 5. Disposed of as withdrawn. No costs. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) 16 September, 2026 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 17/09/2026 15:38:28