Bombay High Court
NANDKISHOR SOMAJI SALVEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that paragraph No.8 and Clause (ii) of the operative order are deleted, and the review application is allowed.
Summary
The applicant, Nandkishor Somaji Salve, filed a review application seeking to amend the prayer clause of a writ petition judgment dated 07/07/2025, specifically requesting deletion of paragraph No.8 and Clause (ii) which denied him grade‑pay benefits. He argued that a Government decision dated 03/06/2025 had already extended grade‑pay benefits to persons in his position, including him, and that retaining the said provisions would unjustly deny him the benefit. The State of Maharashtra opposed the amendment. The Court examined the Government decision and noted that the applicant’s name was listed among beneficiaries, concluding that there was no legal impediment to deleting the contested provisions. Accordingly, the Court ordered that paragraph No.8 and Clause (ii) be deleted from the operative order and allowed the review application.
Issues considered
- Whether paragraph No.8 and Clause (ii) of the operative order dated 07/07/2025 should be deleted in view of the Government decision extending grade‑pay benefits.
- Whether the review application seeking amendment of the order should be allowed.
Subjects
- grade pay
- review application
- amendment of order
- government decision
- entitlement
- High Court
Judgment
(1) 907-RA-211-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 REVIEW APPLICATION (CIVIL) NO. 211 OF 2025
IN WP/5406/2018
Nandkishor Somaji Salve ...Applicant
VERSUS
The State Of Maharashtra & Ors. ...Respondents
...
Mr. N. P. Patil Jamalpurkar, (through VC) Advocate for Applicant.
Ms. Saie S. Joshi, AGP for Respondent-State.
...
CORAM : KISHORE C. SANT &
NEERAJ P. DHOTE, JJ.
DATE : 18th AUGUST 2026.
PC :-
1. At the outset, the learned Advocate for Applicant seeks leave to
amend the prayer clause (B) and instead of making a prayer to review
the order dated 07/07/2025, seeks modification of order passed by this
Court by deleting paragraph No.8 and Clause (ii) of operative order
concerning the present Applicant i.e. Original Petitioner No.2.
2. Leave granted. Necessary amendment be carried out within a
period of one week from today.
(2) 907-RA-211-2025
3. It is the case of the applicant that this Court heard the main Writ
Petition on 07/07/2025, holding the present applicant dis-entitled from
seeking grade pay for the reason discussed in paragraph No.8. However,
it is case of the applicant that, by a Government decision dated
03/06/2025, the Government had already extended the benefit of grade
pay to the persons like present Applicant, who are petitioner No.2 in the
original Writ Petition No.5406/2018. It is submitted that if paragraph
No.8 and Clause (ii) of operative order remain as it is, then the
Applicant may not be given those benefits. Though the Government
could not give benefit to the petitioner accrued to him by virtue of
Government decision dated 03/06/2025, the order needs to be modified
to that extent.
4. Heard Mr. Jamalpurkar, the learned Advocate for the Applicant
and Ms. Joshi, the learned AGP for Respondent/State.
5. This Court finds that, considering that the benefits are already
extended and present Applicant is entitled to get the benefit, we do not
find any difficulty in deleting paragraph No.8 and Clause (ii) of
(3) 907-RA-211-2025
operative order from the order dated 07/07/2026. The authorities are
free to consider the case of the petitioner on its own merits.
6. It is also shown that pursuant to the Government decision dated
03/06/2025, the name of the Applicant is already included at Sr. No.95.
7. Considering above, paragraph No.8 and Clause (ii) of operative
order dated 07/07/2025 stands deleted.
8. This order shall be part and parcel of order dated 07/07/2025.
9. With these, Review Application stands allowed and disposed off.
[NEERAJ P. DHOTE, J.] [KISHORE C. SANT, J.]
D.A.ETHAPE
Checking your session…