Khalik Haidersab Tamboli And ORS v. The State Of Maharashtra Thr Sec. Gen. Admi. Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by GAYATRI RAJENDRA SHIMPI Date: 2025.10.16 17:50:02 +0530 GAYATRI RAJENDRA SHIMPI CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13556 OF 2025 Khalik Haidersab Tamboli And Ors.

... Petitioners

Versus

The State of Maharashtra Thr Sec. Gen. Admi. Dept. And Ors.

... Respondents **** Mr. Sandeep Sontakke, Advocate for the Petitioners. Mr. S. H. Kankal, AGP for Respondent-State.

**** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE : 15th OCTOBER, 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 to be scrutinized by

Respondent Nos.2 and 3 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/ State 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 14th December, 2006. 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 ineligible, 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 14th December, 2006 and were never paid till the date of the Government Resolution dated 24th August, 2017, they would be entitled for entire arrears. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)