Sharad Ramrao Ghatte And Others v. The State Of Maharashtra Through Its Secretary And Another

2026:BHC-AUG:16766-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.2972 OF 2026 Sharad Ramrao Ghatte and Others ..Petitioners

Versus

The State of Maharashtra Through Its Secretary and Another ..Respondents .....

Adv. M. S. Shaikh h/f. Adv. Vishal V. Udhan for the Petitioners Shri. R. S. Wani, AGP for the State.

.....

CORAM : SMT. VIBHA KANKANWADI AND NEERAJ P. DHOTE, JJ.

DATED : 16TH APRIL, 2026 PER COURT : - .

Heard learned Advocate for the Petitioners.

2.

Issue notice to the Respondents. Learned AGP waives service of notice on behalf of the Respondents - State.

3.

The Petitioners, who have been appointed as 'Kotwal', seek implementation of the policy decision contained in Government Circular dated 19.07.2001. Though the Petitioners have contended that it is the promotional post, perusal of the policy decision shows that word 'Niyukti' has been used. In fact, the post of Peon itself falls under class 'D' and there is no such class below class 'D' in hierarchy. Under such circumstances, it cannot be said that the post of 'Kotwal' is below Class 'D', nor it can be held that the post of Peon is a promotional post. The use of the word 'Niyukti' indicates appointment and it appears that by this circular the Government had the intention to give preference to

Kotwal's in the process of appointment to Group-D (Class-IV) posts, including the post of Peon.

4.

The Petitioners are now seeking decision on their representations submitted to Respondent No.2.

5.

Learned AGP upon instructions from Respondent No.2 submits that Respondent No.2 has sought some guidance from Respondent No.1, and would certainly take a decision within a period of 12 weeks from today. The said statement is taken as undertaking to this Court. 6.

In view of the above, the Writ Petition is disposed of with a direction to Respondent No.2 to decide the Representations of the Petitioners within a period of 12 weeks from today. [NEERAJ P. DHOTE] [SMT. VIBHA KANKANWADI] JUDGE JUDGE GGP