Bombay High Court

POPAT MURLIDHAR RAUTversusTHE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The order cancelling the primary graduate pay scale (No. 2215/2022) is quashed, and the petitioner is entitled to draw the primary graduate pay scale of Rs.9,300‑34,800 plus grade pay of Rs.4,300 with all related benefits.

Summary

Popat Murlidhar Raut filed a writ petition challenging an order (No. OW/ZPB/Edu./Pri.Div.1-A No.2215/2022 dated 10‑06‑2022) that cancelled his primary graduate pay scale of Rs.9,300‑34,800 plus grade pay of Rs.4,300, which had been granted by an earlier order dated 27‑06‑2014. The petitioner sought quashing of the cancellation and restoration of the pay and related benefits under the 7th Pay Commission. The High Court noted that the matter had already been decided by a coordinate bench of the same court in Writ Petition No. 5563/2022, which allowed the writs and set aside the cancellation order. Relying on that precedent, the Court held that the 2022 order was invalid and that the petitioner is entitled to continue drawing the primary graduate pay scale with all consequential benefits. Consequently, the petition was allowed and the cancellation order was quashed.

Issues considered

Whether the order No. 2215/2022 cancelling the primary graduate pay scale is legally valid
Whether the petitioner is entitled to the primary graduate pay scale and grade pay as per the 27‑06‑2014 order and the 7th Pay Commission

Subjects

service matters
pay scale
primary graduate pay
7th Pay Commission
writ petition
quashing order

Judgment

2026:BHC-AUG:37409-DB


                                                1                   121-WP-10090-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               WRIT PETITION NO. 10090 OF 2026

                                     POPAT MURLIDHAR RAUT
                                             VERSUS
              THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND
                                            OTHERS
                                               ...
              Mr. Tushar M. Tandale, Advocate for the Petitioner
              Mr. N. D. Batule, AGP for Respondents/State
              Mr. R. D. Khadap, Advocate h/f Mr. Suhas Shirsath, Advocate for
              Respondent Nos.3 to 5
                                               ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                       DATE : 17th AUGUST, 2026

              PER COURT :

              1.           Heard learned advocate for petitioner, learned AGP for

              respondents/State and learned advocate for respondent Nos.3 to 5.


              2.           The issue raised in this petition is squarely covered by

              the judgment dated 08/05/2026, passed by the Coordinate Bench of

              this Court at Nagpur in Writ Petition No.5563/2022.


              3.           For the reasons stated in the said judgment, the writ

              petitions are allowed in terms of prayer clause ‘B’, which reads as

              follows:

                         “B.     This Hon’ble Court may be pleased to issue
                         appropriate writ, order or direction for quashing
                         and    set   aside   the    order   bearing      No.
                         OW/ZPB/Edu./Pri.Div.1-A    No.2215/2022       dated



              SVH
                               2                    121-WP-10090-26.odt


       10.06.2022 issued by the respondent no.4 thereby
       cancelling the primary graduate pay scale of
       Rs.9300-34800 grade pay Rs.4300/ vide order
       dated 27.6.2014 and recovering the said pay from
       the petitioner and it be held that, the petitioner are
       entitled to draw the primary graduate pay scale of
       Rs.9300-34800 + grade pay Rs.4300/-, as per the
       orders dated 27.6.2014 issued by the respondent
       No.4 with all consequential benefits of continuity of
       the said pay scale Rs.38600-1,22,800/- as per 7 th
       pay which the petitioner is drawing at present.”



(ABASAHEB D. SHINDE, J.)           (NITIN B. SURYAWANSHI, J.)




SVH

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