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Bombay High CourtWP/1099/2026disposedoff

Mukesh Hukumchand Kaushik And Others v. State Of Maharashtra, Thr. Chief Secretary, Mumbai And Others

2026-02-09Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode3 pages

117-WP-1099-2026.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1099 OF 2026 MUKESH HUKUMCHAND KAUSHIK AND OTHERS Vs.

STATE OF MAHARASHTRA AND OTHERS __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Rohan Chandurkar, Advocate for the Petitioner. Mr. S M. Ukey, Addl. GP, for the State.

CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 9 th FEBRUARY, 2026.

1.

Heard learned counsel for the petitioners and learned Additional Government Pleader for the State.

2.

In short, the prayer of the petitioner is to declare that the petitioners who have retired between 01.01.2016 to 31.08.2024 are entitled and eligible to get benefit of enhanced Ceiling of gratuity of Rs.20,00,000/- (Rupees Twenty Lacs only) as specified in Government Resolution dated 10.10.2024. 3.

Mr. Rohan Chandurkar, learned counsel for the petitioners has fairly submitted that this issue is covered by the judgment of the Hon'ble Apex Court in the case of Association of College and University Superannuated Teachers.v/s. Union

117-WP-1099-2026.odt 2/3 of India and others passed in Civil Appeal No. 908 of 2013 dated 30.01.2013. He further submits that though detailed representations dated 04.12.2025 and onwards have been made by the Petitioners, which are at page 108 (Annexure K), the Government is not taking the issue to the logical end. 4.

Be that as it may, since the issue is already decided by the Hon'ble Apex Court, we direct respondent No.1 to decide each ground raised in the representation in the light of the judgment of the Hon'ble Apex Court mentioned supra. It is further directed that respondent No.1 shall give findings on cach ground.

5.

The respondent No.1 is further directed to consider the grounds raised in this petition.

6.

Needless to mention that if the claim of the petitioners is to be denied then the respondent No.1 will have to give specific findings to that effect.

7.

The decision be taken within eight weeks from the production of this order.

8.

The decision taken, shall be informed to the petitioners within two weeks thereafter.

9.

The writ petition disposed of, accordingly.

117-WP-1099-2026.odt 3/3 10.

The learned counsel for the petitioners undertakes to produce copy of this petition alongwith the order passed today, before the respondent No.1 within one week from today. (RAJ. D. WAKODE, J.) (ANIL S. KILOR, J.) MJ Jadhav