Digitally signed by TRUPTI TRUPTI SADANAND S B A A D M A N N E ANDB D A at M e: NE Trupti 409-wp-3122-2023.odt

2025.10.06 17:45:53 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3122 OF 2023 Vinod Kshirsagar Wasnik Age- 60 years Residing at- Suyog Niwas, Post Pali, Tal- Sudhagad, Raigad- 410205 … Petitioner Versus

1) The State of Maharashtra, Through Its Principal Secretary Higher & Technical Education Department, Mantralaya Annex, Mumbai – 431032

2) The Director of Higher Education Maharashtra State, Central Building, Pune, District – Pune.

3) The Joint Director of Higher Education, Konkan Division Having office at -Govt.

B.Ed College Campus Panvel, Dist- Raigad – 410 206

4) Sheth J.N.Paliwala Commerce, Arts &

Science College Through the Principal, Having office at – Pali- Sudhagad, Raigad – 410 205

5) Sudhagad Education Society Through the Secretary Having office at -Sudhagad, … Respondents Raigad – 410 205 …

Ms.Devyani Kulkarni with Ms.Sanskruti Yagnik for the Petitioner Mr.Aditya R. Deolekar, AGP for Respondent Nos. 1 to 3, State.

. . .

CORAM : RAVINDRA V. GHUGE &

ASHWIN D. BHOBE, JJ.

DATE : 25^th September, 2025 ORAL JUDGMENT (Per Ravindra V. Ghuge, J.)

1. This Petition is listed in the Special Pension Category Board.

2. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

3. The Petitioner has put forth prayer clauses (a) and (b), as under :

“a. That this Honorable Court be pleased to issue a writ of mandamus and/or any other order or direction in the nature of mandamus to direct the Respondent No.1, 2 & 3 to grant and release the retirement benefits to the Petitioner including his pension and gratuity etc. on the basis of his last drawn salary considering his service period from 24.07.1991 to 31.03.2022 as per the provisions of the old pension scheme of 1983, with interest at the rate of 18% per annum from the date of superannuation till the actual payment of the same and by treating the Petitioner as fully qualified from his initial date of appointment and by treating his last drawn wages as the wages on which Pension and other retirement dues will be computed.

b. That this Honorable Court be pleased to issue a writ of mandamus and/or any other order or direction in the nature of mandamus to direct the concerned Respondents to grant the retirement benefits to the Petitioner including pension and gratuity as per the provisions of the old pension scheme of 1983 which was brought into effect vide the GR dated 21.07.1983 and by treating him as fully qualified from the date of his initial appointment i.e., 24.07.1991 and treating his last drawn salary as the salary which will be used for computing his pension”.

4. We have perused the Petition paper book in the light of the submissions of the learned Advocates for the respective sides.

5. Respondent Nos. 4 and 5, College are not the contesting Respondents and they have not taken a stand against the claim of the Petitioner.

6. The dates and sequence of events in this matter, are as under :

(a) On 24^th July 1991, the Petitioner was appointed on a part- time basis at D.C. Deshmukh Commerce College, Raigad and continued there until 20th April 1992, on an aided and sanctioned post;

(b) The services of the Petitioner were approved by the University of Mumbai by order dated 13^th November 1991;

(c) On 01^st July 1992, the Petitioner was appointed on a full- time basis at Respondent No.4 College pursuant to an advertisement and an interview by a Local Selection Committee, as the University Selection Committee was not available. The Petitioner continued there until 20^th April 1993, on an aided and sanctioned post;

(d) The services of the Petitioner as a full-time teacher were approved by the University of Mumbai by order dated 10^th August 1994;

(e) By order dated 20^th June 1993, the Petitioner was continued in service on the said post, and the services of the Petitioner were approved with effect from 21^st June 1993, by the Univers