Rahemankha Kasamkha Pathan And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:16033-DB -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7429 OF 2025 RAHEMANKHA KASAMKHA PATHAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioners : Mr. Sujeet Karlekar and Mr. Yogesh B. Bokar i/b Mr. Vishnu B. Madan Patil AGP for Respondents-State : Mr. S. P. Sonpawale ...

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

Dated : June 23, 2025 PER COURT :- 1.

Considering similar orders passed at the Principal Seat, one of which, dated 09.12.2024, passed in Writ Petition No. 17986 of 2024 (Sampat Mahadev Jadhav and Ors. Vs. The State of Maharashtra and Ors.) to which one of us is a Member (Ravindra V. Ghuge, J), is cited to us.

2.

We permit the Petitioners to amend the Petition in terms of the proposed amendment tendered to the Court, which is marked as 'X1' for identification. Amendment be carried out forthwith.

-23.

The learned Advocate for the Petitioners submits, on instructions, that the Petitioners desire that amended prayer clause (B-1) should be considered. The other prayers may not be considered at this stage. If a decision, in the light of the amended prayer clause (B-1), is taken by Respondent No.1 and if the grievance of the Petitioners is not redressed, they may assail the said decision by preferring a fresh Writ Petition.

4.

Prayer clause (B-1), reads as under :- (B-1) By way of appropriate writ order or direction in the like nature, this Hon'ble High Court may kindly direct the respondent No.1 to take positive steps on the proposal / application dated 06/08/2024 (acknowledged on 03/10/2024) (Annexure - 'J') forwarded by the respondent No.3, by which, the benefits payable to the petitioners as per the Government Resolutions dated 02/03/2019 and 25/02/2022 are recommended to be payable to the petitioners w.e.f. 01/01/2016.

5.

In view of the above, this Writ Petition is disposed off. 6.

Respondent No.1 would consider the proposal dated 6th August, 2024, as set out in prayer clause (B-1), within 90 days, in the

-3light of the Government Resolutions dated 2nd March, 2019 and 25th February, 2022. If an adverse decision is arrived at, a reasoned order shall be passed and the same shall be communicated to Respondent No.3, expeditiously.

7.

In the event the proposals are favourably decided, further steps for calculating the arrears, as well as for carrying out fresh pay fixation, would be initiated expeditiously and without any delay. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) Omkar Joshi