Vanda Madhavrao Gudmewad v. The State Of Maharashtra Through Its Secretary And Others

2026:BHC-AUG:15823-DB 1 959 wp 1397-26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 WRIT PETITION NO. 1397 OF 2026 VANDA MADHAVRAO GUDMEWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Mr. Vivekanand U. Jadhav, Advocate for the Petitioner Mr. S. P. Sonpawale, AGP for Respondent-State Mr. V. C. Patil h/f Mr. Bondar Uttam Bajirao, Advocate for Respondent Nos.3 & 4 ....

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATED : 09/04/2026 P. C. : ( PER :ABASAHEB D. SHINDE, J.) :

1.

Heard.

2.

In this writ petition, the petitioner has put forth the following relief:

(A) To quash and set aside the impugned communication dated 20/08/2025 and direct the respondents No.3 & 4 to withdraw the pension and pensionary benefit of petitioner without insisting for validity certificate of Scheduled Tribe."

2 959 wp 1397-26 3.

Learned counsel for the petitioner submits that the petitioner's tribe claim is pending before Respondent No.2 / Scrutiny Committee. However, Respondent Nos.3 and 4 are not processing the proposal for grant of pensionary benefits to the petitioner solely on that ground. He submits that Respondent Nos.3 and 4, by the impugned communication, have directed the petitioner to submit a validity certificate, failing which the proposal for grant of pensionary benefits would not be processed. 4.

The learned counsel for the petitioner further submits that the petitioner does not wish to press her tribe claim pending before Respondent No. 2 / Scrutiny Committee and therefore, prays that Respondent Nos.3 and 4 be directed to process the proposal for grant of retiral benefits.

5.

In support of his contentions, the learned counsel for the petitioner relies upon the order passed by this Court dated 11/02/2026 in the case of Harishchandra Ganpati Koli vs. The State of Maharashtra through its Secretary and others in Writ Petition No.1636 of 2026, wherein this Court, relying on similar orders, permitted the petitioner therein to file an affidavit stating that he does not wish to press his proposal for issuance of a validity certificate and directed the Committee to allow the petitioner to withdraw the said proposal. It was further directed that upon filing such an affidavit, the concerned Zilla Parishad shall process the petitioner's pension papers and extend all pensionary benefits expeditiously.

3 959 wp 1397-26 6.

Considering the order passed by this Court in the case of Harishchandra Ganpati Koli (supra) and other similar orders, we find that the present petition can also be disposed of on the same line. In that view of the matter, we pass the following order:

ORDER

I) The petitioner shall file an affidavit before the respondent / Scrutiny Committee stating that the petitioner do not which to press her proposal for issuance of validity certificate and the Scrutiny Committee shall permit her not to press the proposal within two weeks thereafter.

II) On such compliance being made, respondent No.3 Zilla Parishad shall process the petitioner's pension papers and extend all the pensionary benefits, as expeditiously as possible and preferably within eight weeks from today.

III) With these directions, the writ petition stands disposed of.

( ABASAHEB D. SHINDE, J. ) ( SANDIPKUMAR C. MORE, J. ) VS Maind/-