Sunilkumar Madhav Relekar And ORS v. The State Of Maharshtra Thr Sec. Gen. Adm. Dept. And ORS

by ARUNA SANDEEP TALWALKAR Date:

2025.12.17 18:44:54 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17170 OF 2025 Sunilkumar Madhav Relekar & Ors.

... Petitioners.

V/s.

State of Maharashtra & Ors.

... Respondents.

--- Mr. Sandeep B. Sontakke, Advocate for Petitioner. Ms. M.S. Deshmukh, AGP for Respondent/State.

--- CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

16th DECEMBER, 2025 P.C. :

1.

Not on board. Upon mentioning, taken on the production board.

2.

The learned Advocate for the Petitioners places reliance upon an 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 Writ Petition can also be disposed off.

3.

The learned AGP agrees, 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.

4.

In view of the above, this Writ Petition is partly allowed. The Respondents/ State is 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.

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. 6.

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.)