Nivaruti Yashwant Patil And ORS v. The State Of Maha. Thr. Prin. Sec. School Education And Sports Dept. And ORS
by SUNNY ANKUSHRAO THOTE Date:
2025.07.19 09:53:41 +0530 SUNNY ANKUSHRAO THOTE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(908) WRIT PETITION NO. 12788 OF 2023 Raghunath Shamrao Khot & Ors.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(909) WRIT PETITION NO. 12846 OF 2023 Suresh Mashappa Kamble & Ors.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(158) WRIT PETITION NO. 12787 OF 2023 Nivaruti Yashwant Patil & Ors.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. S.K. Mathpati, Advocate for the Petitioners. Mr. P.P. Kakade, Addl. G.P. a/w Ms. Priyanka Chavan, AGP for the Respondent/State.
Mr. Sidheshar N. Biradar, Advocate for Respondent Nos.5 & 6 in all the Petitions.
CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.
DATE : 16th JULY, 2025
P.C. :- 1.
The learned Advocate for the Petitioners places reliance upon a recent order passed by a Co-ordinate Bench dated 19th September, 2022 in Writ Petition No.3938 of 2021. He, therefore, submits that, for the reasons and the conclusions set out in the order dated 19th September, 2022, these Writ Petitions can also be disposed off.
2.
The learned Advocate for the Respondents agree, but with a caveat that the case of the Petitioners needs be scrutinized by Respondent Nos.5 and 6 and upon assessing the eligibility of the Petitioners, they would be granted the benefits within eight weeks from today.
3.
In view of the above, these Writ Petitions are partly allowed. The Respondents/Zilla Parishad are at liberty to verify the cases of the Petitioners as regards their eligibility for the grant of advanced/additional increment in the light of the Government Resolution dated 31st October, 1989. Needless to state, those Petitioners, who are found to be eligible, would be paid their legal
dues within eight weeks from today. In the event, some of the Petitioners are found to be eligible, a reasoned order would be passed in each case setting out the adverse circumstances and such order shall be served upon each of such Petitioners within a period of three weeks from the date of the order.
4.
We have no hesitation in observing that this Court has always directed a verification exercise, if not already performed, to be carried out and based on the entitlement of the individual Petitioners, payments be granted. As such, even in this matter, let the concerned Respondents conduct a verification exercise and thereafter make the payments to those candidates/Petitioners, who are found eligible. This exercise be completed within eight weeks from today.
5.
Needless to state, if any claim of any Petitioner is invalidated by the State in so far as his entitlement is concerned, a reasoned order in each of such cases be passed and the said order be served upon the concerned Petitioner within three weeks from the date of it's passing. The Petitioners would then be entitled to challenge the said order by availing of a remedy, as is permissible in
law. Those who are found entitled under the Government Resolution dated 31st October, 1989 and were never paid till the date of the Government Resolution dated 24th August, 2017, they would be entitled for entire arrears.
(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.)