Bansi Kachruba Sakharwad and Others Vs the State of Maharashtra through Its Principal Secretary and Others — Bombay HC (2025) — LawSathi Research

Bansi Kachruba Sakharwad and Others Vs the State of Maharashtra through Its Principal Secretary and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioners permitted not to press their tribe certificate validation proposals before the Scrutiny Committee upon filing affidavit within two weeks; on such compliance, respondent No.3 to process their pension papers and extend all pensionary benefits.

Issue for consideration

Whether the petitioners, who stood superannuated while their proposals for validation of their tribe certificates remained undecided before the Scrutiny Committee, are entitled to pensionary benefits. +1 more

Ratio / Principle

Based on the stand taken in the State Government Resolution dated 14.12.2022, and following the course adopted by various division benches of this Court, superannuated employees whose tribe certificate validation proposals are pending are permitted not to press their proposals before the Scrutiny Committee and are entitled to extension of all pensionary benefits.

Key takeaways

The petitioners shall file an affidavit before the Scrutiny Committee, and the Committee shall permit them not to press their proposals within two weeks.ratio¶¶29
On such compliance being made, respondent No.3 (Chief Executive Officer, Zilla Parishad, Beed) shall process the petitioners' pension papers and extend all the pensionary benefits.ratio¶¶30

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad), Division Bench [2025:BHC-AUG:772-DB], Writ Petition No. 303 of 2025, decided 09.01.2025 (Mangesh S. Patil & Prafulla S. Khubalkar, JJ.), Per Court: The five petitioners stood superannuated while awaiting pension, their proposals for validation of tribe certificates remaining undecided before the respondent Scrutiny Committee. Proceeding on the stand taken in the State Government Resolution dated 14.12.2022 — which created supernumerary posts for Government employees facing invalidation, entitling them to all pensionary benefits but not promotion or the benefit of the compassionate appointment policy — and following earlier division bench orders in Shamrao Shrawanji Nikhare (dead) Through LRs. (WP No.248/2020, dt. 29.09.2023), Narendra K. Kumbhare (WP No.2539/2021, dt. 08.08.2023) and Shankar Shamanna Tangdelu (WP No.12274/2024, dt. 28.11.2024), the Court permitted the petitioners not to press their proposals and directed that, upon their filing affidavits within two weeks, respondent No.3 (CEO, Zilla Parishad, Beed) process their pension papers and extend all pensionary benefits. Writ petition disposed of accordingly.

2025:BHC-AUG:772-DB

943.WP.303.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

WRIT PETITION NO.303 OF 2025

BANSI KACHRUBA SAKHARWAD

HARIBHAU S/O RAMRAO SIRSEWAD

DEELIP S/O GANPATRAO BHUSEWAD

VIMAL W/O ASHRUBA MANE

RAJENDRA S/O RAMCHANDRA MUDIRAJ

VERSUS

THE STATE OF MAHARASHTRA THR. ITS PRINCIPAL SECRETARY RURAL DEVELOPMENT DEPARTMENT, MANTRALAYA, MUMBAI – 32.

THE ACCOUNTANT GENERAL OF MAHARASHTRA, 206/5, SAMAJ KALYAN OFFICE, Rd, CIVIL LINES, NAGPUR, NAGPUR

THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, BEED.

Advocate for the Petitioner : Mr. Thorat Chandrakant R. AGP for Respondents: Ms. S.S. Joshi Advocate for Respondent No.3 : Mr. P.D. Suryawanshi

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ. DATE : 09.01.2025

PER COURT:

We have heard both the sides.

The petitioners who stand superannuated are awaiting

pension.

Admittedly, the petitioners’ proposals for validation of their

tribe certificates have not been decided by respondent – Scrutiny

Committee and in the meantime they stood superannuated.

The State Government by its Resolution dated 14.12.2022 inter alia created supernumerary post and in respect of such of the Government employees who have faced invalidation directing them to be

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943.WP.303.25.odt

transferred to such supernumerary post and have been held entitled to have all the pensionary benefits but not promotion or would not be entitled to derive the benefit of the policy of compassionate appointment.

Based on such stand of the State Government, various division benches of this Court in the matters of Shamrao Shrawanji Nikhare (dead) Through LRs. and Ors. Vs. Scheduled Tribe Caste Certificate Scrutiny Committee and Anr.; (WP No.248/2020 dated 29.09.2023) , Narendra K. Kumbhare Vs. The Union of India and Ors.; (WP No.2539/2021 dated 08.08.2023) , and Shankar Shamanna Tangdelu Vs. The State of Maharashtra and Ors.; (WP No.12274/2024 dated 28.11.2024) , have been permitting such employees not to press their proposal before the Scrutiny Committee and were directed to be extended all the pensionary benefits. We follow the same course.

Writ petition is disposed of as under :

a. The petitioners shall file affidavit before the scrutiny committee and the committee shall permit them not to press the proposals within two weeks ;

b. On such compliance being made the respondent No.3 shall process petitioners pension papers and extend all the pensionary benefits.

(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.)

habeeb/

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