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Bombay High Court

PANDURANG ABAJI GAIKWADversusTHE STATE OF MAHARASHTGRA THROUGH ITS SECRETARY

Disposal
DISPOSED OFF

Holding

The communication was addressed to and received by the petitioner, and therefore the contempt petition stands disposed.

Summary

The petitioner, Pandurang Abaji Gaikwad, filed a contempt petition challenging a communication dated 17 March 2026 which stated that his applications for the post of Lower Assistant, Grade‑C had been decided and that he was ineligible for salary from 18 August 2006. The petitioner claimed he never received the communication, while the respondent produced the document showing it was addressed to him. The court examined the receipt of the communication and found that it had indeed been received by the petitioner. The court noted that the petitioner could still challenge the substantive order if aggrieved. Consequently, the contempt petition was dismissed as there was no contempt of court.

Issues considered

  • Whether the petitioner was duly served with the communication dated 17‑03‑2026.
  • Whether the filing of the contempt petition is maintainable in view of the service of the communication.

Subjects

  • contempt of court
  • service of notice
  • government employee
  • salary eligibility
  • procedural law

Judgment

2026:BHC-AUG:42157-DB

                                                        947 CONTEMPT PETITION NO. 358 OF 2026




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                          947 CONTEMPT PETITION NO. 358 OF 2026
                                    IN WP/13986/2025

                                   Pandurang Abaji Gaikwad
                                             Versus
                              The State Of Maharashtra And Others
                   __________________________________________________________
                     • Adv. Amol Narsingrao Patale for the Petitioner
                     • Mr. A. S. Shinde, Addl.G.P. for State
                     • Adv. Santosh Baburao Pulkundwar for Respondent
                        No. 2
                   __________________________________________________________

                                     CORAM     : SANDIPKUMAR C. MORE AND
                                                 VAISHALI PATIL-JADHAV, JJ.

                                     DATE      : SEPTEMBER 08, 2026

                   PER COURT :

                   1)             Heard.

                   2)             The learned counsel for Respondent No. 2 has

                   placed    on     record   communication     dated       17.03.2026,

                   mentioning that the applications of the petitioner dated

                   31.07.2025 and 08.08.2025 have been decided and that

                   the petitioner was held ineligible for receiving salary with

                   effect from 18.08.2006 for the post of Lower Assistant,

                   Grade-C.

                   3)             The learned counsel for the petitioner strongly

                   resisted the same on the ground that the aforesaid

                   communication has not been received by the petitioner.
                   Komal Kamble                                                Page| 1 of 2
                                      947 CONTEMPT PETITION NO. 358 OF 2026




4)             However, the said communication appears to be

addressed to the petitioner and the petitioner has received

the same.

5)             The petitioner may challenge the said order if he

is aggrieved by such refusal.

6)             The said communication is taken on record and

marked "X" for identification.

7)             In view of the above, the Contempt Petition

stands disposed of.



(VAISHALI PATIL-JADHAV)            (SANDIPKUMAR C. MORE)
          JUDGE                            JUDGE




Komal Kamble                                                 Page| 2 of 2


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