Bombay High Court

LAXMAN KANTILAL DALVEversusUNION OF INDIA THR THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The circular dated 24‑01‑2023 is illegal, null and void as it violates Section 26(1) read with Section 11 of the 2013 Act.

Summary

The petitioner, Laxman Kantilal Dalve, filed a writ petition challenging a compensation calculation based on a circular dated 24‑01‑2023 issued by the respondents. The High Court examined whether the circular contravened Section 26(1) read with Section 11 of the 2013 Act. Relying on its earlier decision in Writ Petition No. 8296/2023 dated 24‑12‑2025, the Court held the circular illegal, null and void. Consequently, the Court directed Respondent No. 3 to decide the petitioner’s representation dated 02‑03‑2026 within eight weeks and stayed the effect of the notice dated 16‑02‑2026 until the representation is disposed of. The petition was thus disposed of with these directions.

Issues considered

Whether the circular dated 24‑01‑2023 used for compensation calculation is contrary to Section 26(1) read with Section 11 of the 2013 Act.
Whether the notice dated 16‑02‑2026 should be given effect pending resolution of the petitioner’s representation.

Legislation cited

2013 Act — s. 11, 26(1)

Subjects

compensation
circular
Section 26
Section 11
writ petition
representation
illegal circular

Judgment

2026:BHC-AUG:39346-DB
                                               (1)                     44wp10464.26




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              44 WRIT PETITION NO. 10464 OF 2026
                                       Laxman Kantilal Dalve
                                                                        ….Petitioner
                                             VERSUS

                            Union Of India Thr The Secretary And Others
                                                                    …..Respondents


                Mr. Y. C. Patil, Advocate for the Petitioner
                Mrs. Mayuri Kasturkar, Advocate for Respondent Nos.1 and 3
                Mrs. Neha B. Kamble, AGP for the respondents/State

                                     CORAM : NITIN B. SURYAWANSHI &
                                             ABASAHEB D. SHINDE, J. J.
                                       DATE : 24th AUGUST, 2026


                PER COURT :

                1.          Heard.

                2.          Issue notice to the Respondents. Mrs. Mayuri, leraend

                Advocate waives service of notice for the Respondent Nos. 1 & 3.

                Learned AGP waives service of notice for the respondents/State.

                3.          The writ Petition is disposed of by directing the

                Respondent No.3 to take decision on the representation of the

                Petitioner dated 02-03-2026, in the light of decision of this Court

                dated 24-12-2025 rendered by Principal Seat in writ Petition No.

                8296/2023 with connected matters wherein circular dated 24-01-

                2023, on the basis of which, Respondents have calculated the


                                                                                  1 of 2
                                  (2)                        44wp10464.26




compensation, is declared illegal, null and void being contrary to the

provision of Section 26(1) r/w Section 11 of the 2013 Act.

Representation shall be decided within eight weeks from the date of

receipt of copy of this order.

4.               In the light of the decision rendered by this Court

referred to above, impugned notice dated 16-02-2026 shall not be

given effect till representation of the Petitioner is disposed of.




[ABASAHEB D. SHINDE, J. ]               [NITIN B. SURYAWANSHI, J.]



VishalK/44wp10464.26




                                                                     2 of 2

Continue reading with your account

Checking your session…