2026:BHC-NAG:237-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 937 OF 2019 Hanuman S/o. Damodhar Kadu (Dead) thr. L.Rs.

Vs.

State of Maharashtra & Ors.

__________________________________________________________________________

Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.R. Charpe, Advocate for L.Rs of Petitioner.

Mr. N.S. Rao, AGP for Respondent Nos.1 to 3/State.

Mr. V.B. Bhise, Advocate for Respondent No.4.

CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATE : 8 th JANUARY, 2026 .

Heard.

2. In the present petition, the petitioner, who got voluntarily retired, seeks a declaration that he is entitled to receive pension. At the time when this petition was filed on 18.12.2018, the issue as regards the entitlement to pension of employees who got voluntarily retired was pending with the State Government. Subsequently, the State Government, by Government Resolution dated 05.01.2022, resolved not to extend the benefit of pension to employees voluntarily retired.

3. The said Government Resolution was the subject matter of challenge in Writ Petition No.4597/2018 (Sharad Nagnath Bubne and Ors. Vs. State of Maharashtra and Ors.), which came to be decided vide judgment dated 19.04.2024. This Court quashed and set aside the said Government Resolution and held that denying the benefits of pension and gratuity to the employees working in Ayurvedic aided Educational Institutions who have taken voluntary retirement after qualifying service is arbitrary and ultra vires and infringing Article 14 of the Constitution of India.

4. This Court further held that the petitioners therein are entitled to all pensionary benefits and gratuities as per the Government Resolution dated 10.08.2016 with arrears, as applicable to the other employees of the aided Ayurvedic Colleges.

5. In the present petition, respondent No.4 – College is not disputing that the petitioner had been voluntarily retired.

6. In the circumstances, considering the subsequent events during the pendency of the present petition, more particularly the above-referred judgment, holding that employees like the petitioner, who have taken voluntary retirement, are entitled to pensionary benefits subject to fulfilment of the conditions, we are of the opinion that the purpose will be served if respondent No.2 – Director of Ayurveda (AYUSH) is directed to consider the claim of the petitioner for pensionary benefits and decide the same after hearing petitioner Nos.1A to 1C and respondent No.4 – College. 7. Accordingly, we dispose of the writ petition with a direction to respondent No.2 - Director of Ayurveda (AYUSH) to decide the claim of the petitioner for pensionary benefits within a period of twelve weeks from the date of appearance of petitioner Nos.1A to 1C and the Principal of respondent No.4 – College.

8. Petitioner Nos.1A to 1C and respondent No.4 shall appear before respondent No.2 on 20^th January, 2026, at

11:00 a.m.

9. Petitioner Nos.1A to 1C and respondent No.4 are at liberty to submit their written submissions before respondent No.2, which respondent No.2 shall consider while taking the decision. Respondent No.2 shall also consider the findings recorded in the judgment dated 19.04.2024 passed in Writ Petition No.4597/2018.

10. The writ petition is accordingly disposed of in above-referred terms.

(RAJ. D. WAKODE, J.) (ANIL S. KILOR, J.)

Vijaykumar