Dhondu Topalu Kachre And Another v. The General Manager Telecom Bharat Sanchar Nigam Ltd And Others

2026:BHC-AUG:9150-DB 1 1-CA 1441-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1441 OF 2026 IN WP/6965/2025 Dhondu Topalu Kachre .. Applicant

Versus

The General Manager Telecom, Bharat Sanchar Nigam Ltd. And Others .. Respondents Mr. R. C. Bora, Advocate h/f Mr. Ramesh T. Diwate, Advocate for Applicant.

Mr. S. C. Arora, Advocate for Respective Respondent. Mr. S. W. Mundhe, Advocate for Respective Respondent. CORAM : KISHORE C. SANT AND SUSHIL M. GHODESWAR, JJ.

DATE : 27th FEBRUARY, 2026.

PER COURT :- 1.

Heard.

2.

This application is for withdrawal of the amount deposited by the respondent/petitioner in writ petition i.e. B.S.N.L. pursuant to order passed by the learned Member of the Central Administrative Tribunal in O.A. No. 506/2022. By way of said order, paragraph No. 3 of order dated 31.01.2020 i.e. granting Voluntary Retirement Scheme (V.R.S.) to the present applicant is set aside directing to release all the retiral benefits to the present

2 1-CA 1441-2026.odt applicant alongwith pension and pensionary benefits and other benefits within a period of eight weeks from the date of order. An order is dated 13.12.2024. This Court by way of conditional order had directed the respondents/petitioners in writ petition to deposit entire amount of arrears. The present applicant is praying for release of 50% of the amount deposited in this Court. 3.

The learned advocate for the applicant submits that, the applicant has worked for almost 30 years. He obtained V.R.S. Condition No. 3 was placed in the order to produce caste validity certificate.

4.

The learned advocate Mr. Arora and learned advocate Mr. Mundhe for respective respondents vehemently oppose the application. They are ready to argue the matter on merit. They submit that, when the applicant has secured the benefits of the reservation it is incumbent on his part to furnish caste validity certificate. He will not be entitled to any benefit. An order passed by the learned Member of the Central Administrative Tribunal needs to be set aside.

5.

We find that the applicant was taken in service in 1989. In

3 1-CA 1441-2026.odt the year 1996, he was promoted as Phone Mechanic. He served till 2020. It is only at the time of V.R.S. paragraph No. 3 requiring validity certificate was imposed. This Court finds that, when the applicant has served with the respondents for almost 30 years and when there is one judgment in his favour, it would be unjust to withhold the amount.

6.

Considering above, this Court is inclined to allow the application. Therefore, the civil application stands allowed. 7.

The applicant is permitted to withdraw 50% of the amount deposited in this Court alongwith accrued interest on furnishing usual undertaking.

8.

With this, the civil application stands disposed of. ( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J. ) P.S.B.