The State Of Maharashtra Through Its Secretary And Others v. Snehal Baburao Kuwar And Another

2026:BHC-AUG:17743-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4438 OF 2026 IN REVIEW APPLICATION (ST) NO.3490 OF 2026 IN WRIT PETITION NO.12622 OF 2022 The State of Maharashtra and Ors.

....Applicants

Versus

Snehal Baburao Kuwar and Anr.

....Respondents ---- Mr. S.G. Sangale, Addl. GP for the Applicants. None for the Respondents.

---- CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

(THROUGH V.C.) DATE : 17th APRIL, 2026 P.C. :- 1.

This is a Special Bench constituted to consider the Review Application, with reference to the order dated 11th January, 2023 passed in Writ Petition No.12622 of 2022 by this Court (Coram : Ravindra V. Ghuge and Sanjay A. Deshmukh, JJ.). 2.

There is a delay of 1086 days in filing the Review Petition. Condonation of delay is prayed for by the State.

3.

We have considered the submissions of the learned Addl. GP appearing on behalf of the State, which has filed the Review Petition. The order dated 11th January, 2023, passed by this Bench in Writ Petition No.12622 of 2022, is sought to be reviewed. 4.

Considering the judgment delivered on 19th April, 2024, in in Review Application No.233 of 2023 in Writ Petition No.1615 of 2023, by the Full Bench [Coram : Mangesh S. Patil, Nitin B. Suryawanshi and Arun R. Pednekar, JJ.], read with the Government Resolution dated 2nd February 2024, the law on the applicability of the Old Pension Scheme, is now settled.

5.

The issue raised by the State in the present Review Application, has already been answered by the Full Bench vide its judgment dated 19th April, 2024 in Review Application No.233 of 2023 in Writ Petition No.1615 of 2023, in the light of the Government Resolution dated 2nd February, 2024, and the Government Resolution dated 31st October, 2005, no purpose would be served in considering the Review Application. The State itself has taken a stand that if the recruitment process commences from

the publication of the advertisement for recruitment prior to 31st October, 2005, and culminates in the issuance of appointment orders after 31st October, 2005, the Old Pension Scheme is applicable.

6.

In view of the above, no purpose would be served in entertaining the Review Petition as the issue is already answered and closed. Therefore, we are not inclined to issue notice on the Application for condonation of delay. The delay of 1086 days, in filing the Review Petition after three years, is inordinate.

7.

As such, the Civil Application for condonation of delay is rejected. The pending Review Petition on a stamp number, stands disposed off.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)