Mandar Hari Deshmukh And ORS v. The State Of Maharashtra Throu. Its Sec. General Administration Dept And ORS

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.11.29 11:07:34 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16069 OF 2025 Mandar Hari Deshmukh and Ors.

....Petitioners

Versus

The State of Maharashtra & Ors.

....Respondents ---- Mr. Sandeep B. Sontakke for the Petitioners.

Mr. A.C. Bhadang, AGP for the Respondent - State. ---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 27th NOVEMBER, 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, this Petition can also be disposed off.

2.

The learned AGP for the Respondent State agrees, but with a caveat that the case of the Petitioners needs to be scrutinized by Respondent Nos.4 to 6 and upon assessing the eligibility of the Petitioners, they would be granted the benefits within eight weeks from today.

3.

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.

4.

In view of the above, this Petition is 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.

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, would be entitled for entire arrears.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)