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Bombay High CourtWP/8086/2025disposed off

Madhuri Vinod Kahurke @ Ms. Madhuri Shamrao Vaidya v. State Of Maharashtra, Thr. Secretary, School Education And Sports Dept., Mumbai And ORS.

2026-05-07Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

2026:BHC-NAG:7118-DB 1 wp 8086.25 judg.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.8086/2025 Mrs. Madhuri Vinod Kahurke, @ Ms. Madhuri Shamrao Vaidya, Age 58 years, Occ.-Retired Teacher, R/o. Kurekar Layout, Near B.Ed. College, Anandwan Chowk, Borda, Tah. Warora, District Chandrapur 442914. .... Petitioner.

Versus

1.

State of Maharashtra through its Secretary, School Education and Sports Department, Mantralaya, Mumbai 400032.

2.

The Accountant General (II)(A &E), Maharashtra Office of the Accountant General, Civil Lines, Nagpur 440001.

3.

The Education Officer (Secondary), Zilla Parishad, Chandrapur 442401. 4.

The Matoshri Warbhe Vidyalaya & Jr. College, through its Hadmaster, Pawana (R), Tah. Bhadrawati. .... Respondents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Kirti Satpute, Advocate for petitioner.

Ms Jaipurkar, AGP for respondent nos.1 to 3.

Mr. A Kuril, Advocate for respondent no.4.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Smt. M.S. Jawalkar and Nandesh S. Deshpande, JJ. DATE : 07-05-2026.

Oral Judgment (Per-Nandesh S. Deshpande, J.) R ule . Rule made returnable forthwith. Heard finally with the consent of parties.

2.

The present petition is filed seeking a writ of mandamus directing Respondent No.2 to forthwith process, sanction and release the petitioner's pension case, gratuity and all consequential retiral benefits under the Old Pension Scheme. 3.

Learned Counsel for the petitioner, however, submits that she is entitled to interest in view of Sections 129A and 129B of the Maharashtra Civil Services (Pension) Rules, 1982.

2 wp 8086.25 judg.odt 4.

Learned AGP appearing for Respondent No.2, by inviting our attention to the affidavit-in-reply, submits that the pensionary benefits have already been sanctioned under the Old Pension Scheme. She also relies upon the intimation letter dated 11-02-2026 in support of her contention.

5.

In that view of the matter, we pass the following order:- (i) The present petition is disposed of since the pension has been sanctioned under the Old Pension Scheme. We hope and trust that the pension shall be released and credited to the account of the petitioner as expeditiously as possible and, in any case, within a period of three weeks from the date of this order.

(ii) However, liberty is granted to the petitioner to agitate her grievance insofar as the interest component is concerned, in view of the Rules mentioned supra. Such representation shall be made within a period of three weeks from the date of this order.

6.

With these directions, the petition stands disposed of.

7.

Rule is made absolute in above terms. No costs. (Nandesh S. Deshpande , J.

) (Smt. M.S. Jawalkar J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 07/05/2026 17:29:15