Shirdhar Tippanna Nadargi v. The State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12301 OF 2025 Dipak s/o. Bhimashankar Mane & Ors.
] ... Petitioners
Versus
The State of Maharashtra & Ors.
] ... Respondents WITH WRIT PETITION NO. 12308 OF 2025 Shirdhar Tippanna Nadargi & Anr.
] ... Petitioners
Versus
The State of Maharashtra & Ors.
] ... Respondents WITH WRIT PETITION NO. 12514 OF 2025 Dadasaheb s/o. Bhanudas Sawant & Anr.
] ... Petitioners
Versus
The State of Maharashtra & Ors.
] ... Respondents ------ Mr. Sanjaykumar B. Bhosale for Petitioners.
Mr. Ravi Kadam, A.G.P. for Respondent-State in WP/12301/2025. Mr. Atul Vanarse, A.G.P. for Respondent-State in WP/12308/2025. Ms. Tejas Kapre, A.G.P. for Respondent-State in WP/12514/2025. Mr. Rupesh Bobade for Respondent-Solapur Zilla Parishad. ------ 1 of
Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.
Date : 26th November 2025.
ORAL ORDER ( Per :
Ajit B. Kadethankar, J. ) 1.
Since common questions are involved, these Petitions are being disposed of by a common Order. For the convenience, we refer to the facts in Writ Petition No. 12301 of 2025.
2.
Heard learned counsel for the Petitioners.
3.
The Petitioners by this Petition prayed for a direction to the Respondent No.3-Chief Executive Officer, Zilla Parishad, Solapur to start giving the benefits of advance increments admissible in terms of Orders dated 31st July 2007, 31st December 2008, 15th March 2013, 15th May 2013 & 3rd October 2008 in favour of the Petitioners which are stopped without assigning any reasons. It is further prayed that the amounts which were recovered be refunded to the Petitioners. 4.
The notices in these matters have not so far been issued. The contesting Respondent No.3 is therefore not before us. However, these Petitions need not be kept pending, as the Petitioners seek direction to dispose of the representations that have been made expeditiously. 5.
In any case, we have requested Advocate Mr. Rupesh Bobade to appear on behalf of the Respondent No.2-Solapur Zilla Parishad. Though Mr. Bobade submitted that he has no instructions to appear in the matter, 2 of
however, we have requested Mr. Bobade to appear in the matter. The engagement of Mr. Bobade be regularized. Though, Mr. Bobade requested for some time to take instructions, we are not inclined to accede to this request as it may not be necessary in the light of the order we propose to pass.
6.
The Petitioners have made representations dated 11th August 2025 and 29th August 2025, which are at Exh. "D" to the paper-book, The representations are not yet decided by the Respondent No.3. 7.
Learned counsel for the Petitioners relied upon a decision of this Court (Principal Seat) in the case of Shivanand s/o. Shrimant Mage & Ors. Vs. The State of Maharashtra & Ors.1, which is at page 240 of the paper-book. The said Order passed by this Court was implemented by the Solapur Zilla Parishad, which finds place at page 259 of the paperbook. Similar reliefs are prayed for by the Petitioners in the present case. 8.
We are informed that against order of a similar nature passed by this Court in Writ Petition No. 2543 of 2022, dated 4th / 25th July 2022, the Special Leave Petition (Civil) Diary No. 16829 of 2025 preferred by the Zilla Parishad, Solapur has been dismissed by the Hon'ble Supreme Court on 21st July 2025. The Order dated 8th July 2025 was passed by the Respondent No.3 implementing the Order passed by this Court in Shivanand s/o. Shrimant Mage (supra).
Writ Petition No. 4995 of 2021, dated 4th July 2022 3 of
9.
Prima-facie we are satisfied that the Petitioners' case would be squarely covered by the decision of this Court in Shivanand s/o. Shrimant Mage (supra), which has since been implemented by the Zilla Parishad. 10.
In such view of the matter, in our opinion, there should be no difficulty in extending similar benefits to the Petitioners. However, we leave it open to the Respondent No.3 to decide the representations of the Petitioners on its own merits, after considering the decision of this Court referred to herein above.
11.
The details of representations of each of the Writ Petitions are as follows :
Sr.
No.
Writ Petition No.
Date(s) of Representations Page No. of Writ Petition Writ Petition No. 12301 of 2025 11th August 2025 And 29th August 2025 154 to 164 (Exh. "D") Writ Petition No. 12308 of 2025 11th August 2025 64 & 65 (Exh. "D") Writ Petition No. 12514 of 2025 11th August 2025 71 & 72 (Exh. "E") 12.
We request the Respondent No.3 to decide the representations of the Petitioners as expeditiously as possible and in any case, within a period of 10 weeks from the date of communication of this Order. 13.
All these Petitions stand disposed of in above terms. by OMKAR SHIVAHAR KUMBHAKARN Date:
2025.11.28 09:31:42 +0530 [ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] OMKAR SHIVAHAR KUMBHAKARN 4 of