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Bombay High CourtWP/165/2026allowed

Sunita Shrikant Katkar (Ms. Sunita Dattatray Shelke) v. The State Of Maharashtra Thr. Secretary School Education Dept. And ORS.

2026-02-23Hon'Ble Shri Justice Nitin B. Suryawanshi , Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

126-WP-165-2026 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 165 OF 2026 Sunita Shrikant Katkar (ms. Sunita Dattatray Shelke) ......Petitioner

VERSUS

The State Of Maharashtra Thr.

Secretary School Education Dept. And Ors. ......Respondent ----- Mr. Sagar A. Mane a/w Mr. Rushikesh D. Jagdale, for Petitioner. Ms. S. N. Deshmukh, AGP, for the Respondent - State. Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2026.02.25 18:45:00 +0530 ----- SHANTANU SHANKARSA DHUDUM

CORAM

:

NITIN B. SURYAWANSHI & AJIT B. KADETHANKAR, JJ.

DATE :

23rd FEBRUARY, 2026.

P.C.

1.

Learned counsel for the Petitioner undertakes to remove office objections within two weeks.

2.

Indisputably, the issue raised in the present petition is covered by the decision in Civil Writ Petition No.396 of 2021 passed by the Division Bench of this Court, (Coram: M. S. Karnik & Ajit B. Kadethankar, JJ.) vide judgment dated 23rd December, 2025. 3.

For the reasons recorded in the said judgment, the writ petition is allowed.

Shantanu S. Dhudum

126-WP-165-2026 (C).DOC 4.

The impugned order dated 17th October, 2025 passed by Respondent No.2 - The Deputy Director of Education, Kolhapur is hereby quashed and set aside.

5.

Respondent Nos.3 and 4 shall submit the pension papers of the Petitioner as full time Assistant Teacher at Respondent No.4 - Shikshan Maharshi Doctor Bapuji Salunkhe College, as per the old pension scheme i.e. Maharashtra Civil Services [Pension] Rules, 1982. 6.

Respondent No.2 shall process the pension proposal of the Petitioner as expeditiously as possible and within a period of eight weeks from the date of the receipt of the said proposal. 7.

The Petitioner be paid consequential pensionary benefits within twelve weeks from the date of the passing of the order. (AJIT B. KADETHANKAR, J.) (NITIN B. SURYAWANSHI, J.) Shantanu S. Dhudum