Harishchandra Ganpati Koli v. The State Of Maharashtra Through Its Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 WRIT PETITION NO. 1636 OF 2026 HARISHCHANDRA GANPATI KOLI

VERSUS

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

Mr. S.C. Yeramwar, Advocate for the petitioner. Mr. V.M. Jaware, AGP for respondent Nos.1 & 2-State. Mr. Suhas Ghute, Advocate for respondent No.3. ...

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

DATED : 11 FEBRUARY 2026.

Oral Order ( Per Abasaheb D. Shinde, J.) :

1.

Heard. Issue notice to the respondents. Learned A.G.P. waives service for respondent Nos.1 and 2. Learned counsel Mr. Ghute waives service for respondent No.3. 2.

The petitioner, by this writ petition, has put-forth the following prayers :

"[A] To grant rule and allow the present Writ Petition; [B] To direct the Respondent No.2-Committee to dispose of proposal of the Petitioner s withdrawn as the Petitioner is not willing to pursue his Tribe Claim which is pending before the Committee for verification; by issuing appropriate writ, orders, or directions as the case may be;

(2) [C] To direct the Respondent No.3-employer to forthwith grant and release the regular monthly pension and all the pensionary benefits to the Petitioner as he is already retired by superannuation on 30.04.2022; by issuing appropriate writ, orders, or directions as the case may be;

[D] To direct the Respondent No.3-employer to forthwith grant and release the regular monthly pension and all the pensionary benefits to the Petitioner as he is already retired by superannuation on 30.04.2022 pending hearing and final disposal of the present writ petition". 3.

Learned counsel for the petitioner has invited our attention to the orders passed by this Court in Writ Petition No. 12274 of 2024 on 28.11.2024 in the case of Shankar Shamanna Tangdelu vs The State of Maharashtra and others as well as in Writ Petition No.13639 of 2025 dated 17.12.2025 in the case of Ashok Kishanrao Ardade vs The State of Maharashtra and others, wherein this Court has dealt with identical issue involved in this writ petition. 4.

Considering these orders and the reliefs sought in the petition, we find that this petition can also be disposed of in the light of the orders passed by this Court (supra). In that view of the matter, we pass the following order.

(3)

ORDER

(i) The petitioner shall file an affidavit before the Scrutiny Committee stating that the petitioner do not wish to press his proposal for issuance of validity certificate and the Committee shall permit him not to press the proposal within two weeks thereafter.

(ii) On such compliance being made, the 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.

5.

With these directions, the writ petition stands disposed of.

(ABASAHEB D. SHINDE) (SANDIPKUMAR C. MORE) JUDGE JUDGE VD_Dhirde