Sainath Dattatray Thorat v. The State Of Maharashtra Through Its Secretary And Others

25-wp-3367-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3367 OF 2026 Sainath Dattatray Thorat

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Mr. M. A. Dond, Advocate for the Petitioner Mr. S. K. Tambe, Addl.GP for Respondent-State .....

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

DATED : 15TH APRIL, 2026 ORDER :- .

Present petition has been filed for following relief: A.

Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to treat the petitioner as having completed the Shikshan Sevak period on 01.02.2017 and to approve the Petitioner as Assistant Teacher in regular pay scale with effect from 02.02.2017.

B.

Direct the Respondents to release full pay scale, arrears of salary, increments and all consequential monetary and service benefits from 02.02.2017 within a period of 4 weeks from today.

2.

It appears that the petitioner has directly approached this Court, in other words, 'without approaching the appropriate authority'. In such circumstances, the writ of mandamus cannot be

25-wp-3367-2026 issued. When this position is asked to the learned Advocate for the petitioner, he seeks withdrawal of the present petition with liberty to approach respondent no.2.

3.

Learned AGP waives service of notice for all respondents. 4.

In view of the said statement, we allow the withdrawal of the Writ Petition by the petitioner with liberty to approach the respondent no.2. Such representation shall be made by the petitioner within a period of two weeks from today. If such representation is made to the respondent no.2, then the respondent no.2 shall decide the same within a period of six weeks thereafter. [NEERAJ P. DHOTE, J] [SMT. VIBHA KANKANWADI, J.] Rushikesh/2026