Devendra Uttamrao Thakare v. The State Of Maharashtra, Thr. Secretary, Higher And Technical Education Dept., Mumbai And ORS.

1/3 945.wp.2390.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2390 OF 2025 (Devendra Uttamrao Thakare V/s The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders None for the Petitioner.

Mr. D. P. Thakare, AGP for Respondent Nos.1 to 3. Mr. K. V. Deshmukh, Advocate for Respondent No.6. --------------------------- CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : APRIL 30, 2026.

.

Heard.

2.

In the present Petition, the following prayers are made by the Petitioner :

"a) Allow the Writ Petition by directing the respondent no.4, 5 and 6 to issue salary as per the pay scale to the petitioner as mentioned in the appointment order dated 22.09.2014 and to pay difference of amount as per pay scale to the petitioner from the date of appointment i.e. 22.09.2014 with effect from date of joining on the post of assistant Professor Political Science;

b) Direct the respondent no.4, 5 and 6 to deposit the difference of amount of petitioner from the date of joining to date of the filing of this writ petition in this Hon'ble High Court, during the pendency of present writ petition;

c) Direct the respondent no.4, 5 and 6 to pay the salary to the petitioner as per pay scale mentioned in the appointment order dated 22.09.2014, during the pendency of the writ petition; d) Direct the respondent no.3 to decide the representation dated 12.09.2024 submitted by the petitioner;

2/3 945.wp.2390.2025.odt e) Grant any other further and consequential reliefs, as this Hon'ble Court deems just and proper in the facts and circumstances of the case in favour of the petitioner in the interest of justice." 3.

Clause (d) of the prayer clause pertains to a direction to Respondent No.3 to decide the representation of the Petitioner. 4.

Since the issue involved in the present Petition pertains to the payment of salary as per the pay scale mentioned in the appointment order and the difference in the amount, we are of the opinion that one opportunity should be granted to Respondent No.3 to take a decision in the matter after considering the relevant documents, if any, filed by the Petitioner to substantiate his claim, as well as the prayers made in the present Petition, particularly prayer clauses (a) to (c) and the grounds raised therein.

5.

Accordingly, we dispose of the present Writ Petition with a direction to Respondent No.3 to take a decision as regards the prayers made by the Petitioner, particularly prayer clauses (a) to (c), after considering the documents, if any, filed by the Petitioner and the grounds raised in the present Petition. 6.

Such exercise shall be completed by Respondent No.3 within a period of twelve weeks from the date of appearance of the Petitioner.

7.

The Respondent No.3 shall take a decision after

3/3 945.wp.2390.2025.odt granting an opportunity of hearing to the Petitioner and Respondent Nos.4 to 6.

8.

The Petitioner shall appear before Respondent No.3 on 12/5/2026 along with the documents he wants to rely upon, if any, to substantiate his claim, and shall also produce a copy of this Petition and a copy of this order.

9.

Writ Petition stands disposed of in above referred terms with no order as to costs.

[RAJ D. WAKODE, J.] [ANIL S. KILOR, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 30/04/2026 19:46:04