Bombay High Court
WP/5414/2025 of GAJANAN EKNATH PATIL Vs THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS on 8 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5414 OF 2025 GAJANAN EKNATH PATIL VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Advocate for the Petitioner : Mr. Arvind Gopalrao Ambetkar AGP for Respondents: Ms. S.S. Joshi
1 919.WP.5414.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.5414 OF 2025
GAJANAN EKNATH PATIL
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Arvind Gopalrao Ambetkar AGP for Respondents: Ms. S.S. Joshi Advocate for Respondent Nos.6 and 7 : Mr. A.P. Avhad
...
CORAM
: NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE
: 08.10.2026
PER COURT:
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1. The issue raised in this petition is squarely covered by the decision of this Court in the case of Vijay S. Shedage (Dr.) Vs. State of Maharashtra ; 2026 DGLS (Bom.) 2043.
2. For the reasons stated in the said order, the writ petition is allowed in terms of prayer clauses ‘B’, ‘C’, ‘D’, and ‘E’, which read as follows: “B) By issuing a Writ of Mandamus or any other writ, order or directions in the like nature, this Hon'ble Court may kindly be pleased to hold and declare that, the petitioner is entitled received the benefits under the Old Pension Scheme i.e. Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Commutation of Pension) Rules, 1984 and of General Provident Fund 2026:BHC-AUG:48531-DB
2 919.WP.5414.25.odt scheme and other pensionary benefits by virtue of considering his initial date of appointment i.e. 01.10.2010. C) By issuing a Writ of Mandamus or any other writ, order or directions in the like nature this Hon'ble Court may kindly be pleased to direct the respondents to extent/ release the benefits of the old pension scheme to the petitioner and shall not deduct any amount from the salary of the petitioner by applying the Defined Contribution Pension Scheme (DCPS) or National Pension Scheme (NPS). D) By issuing a Writ of Mandamus or any other writ, order or directions in the like nature this Hon'ble Court may kindly be pleased to direct the respondents to refund the deducted amount of the petitioner with interest by applying the DCPS or NPS by the respondents, within a period of four weeks. E) By issuing a Writ of Mandamus or any other writ, order or directions in the like nature this Hon'ble Court may kindly be pleased to direct the respondents to allot the General Provident Fund Account (GPF Account) to the petitioner and thereafter, the Educational Institution to deduct the amount of monthly compensation/ installment form the monthly salary of the petitioner and deposit the same in the said GPF Account.” (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) habeeb/