Bombay High Court

THE NEW EDUCATION SOCIETY THR. SECRETARY AND ORS.versusTHE STATE OF MAHARASHTRA THR. SECRETARY AND ORS.

Disposal: Disposed Off
Bench: MADHAV JAMDAR PRAVIN SHESHRAO PATIL

Holding

The Commissioner for Persons with Disabilities must decide the pending proposal for inclusion in the Sevarth Pranali within four weeks of the Court's order.

Summary

The New Education Society filed a writ petition alleging that the Commissioner for Persons with Disabilities, Maharashtra, had not acted on a recommendation dated 15 November 2024 to include its employees in the "Sevarth Pranali" scheme, causing loss of monetary benefits. The petitioners had been appointed following due procedure and their names were forwarded by the Zilla Parishad and the Regional Deputy Commissioner, Social Welfare, for inclusion. More than a year had elapsed without any decision, prompting the petitioners to seek a time‑bound direction. The Court examined the procedural history and found no justification for the delay. It directed the Commissioner to decide the pending proposal within four weeks of the order, and disposed of the writ petition.

Issues considered

Whether the delay by the Commissioner for Persons with Disabilities in deciding the inclusion of petitioners in the Sevarth Pranali violates their right to timely administrative action.

Subjects

Writ petition
Administrative delay
Sevarth Pranali
Disability welfare
Time‑bound direction
Social Welfare Department

Judgment

                                                       923-WP-1141-2026.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO.1141 OF 2026

The New Education Society
Through its Secretary & Ors.                            ...Petitioners
        Versus
The State of Maharashtra & Ors.                         ...Respondents

                             ——————
Mr. Neha G. Deshpande, for the Petitioners.
Mr. Ravindra P. Kadam, for Respondent No.4-Zilla Parishad, Satara.
Ms. T. J. Kapre, AGP, for the Respondent-State.
                               ——————
                                        Coram:    Madhav J. Jamdar &
                                                  Pravin S. Patil, JJ.
                                        Date:     April 02, 2026
P.C.:

1.      In the present Writ Petition, the grievance has been raised by the

Petitioners that the recommendation forwarded by the Oice of the

Regional Deputy Commissioner, Social Welfare, Pune Division, Pune,

dated 15th November 2024 (Exhibit-I, Page 50) to Commissioner,

Welfare of Diferently Abled, Pune, remains undecided till date.

Therefore, seek direction that the said pending proposal be decided

within a time-bound period.

2.      The Petitioners have pointed out that their appointments were

made by following due procedure of law. The District Social Welfare

Oicer, Zilla Parishad, Kolhapur, by his Communication dated 7th


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October 2024, recommended their cases to the Regional Deputy

Commissioner, Social Welfare, Pune Division, Pune, for approval.

Accordingly, the Regional Deputy Commissioner has approved their

services, and they are presently in employment.

3.      As per the scheme of the Social Welfare Department, after

approval is granted by the Competent Authority, the names of the

Petitioners are required to be included in the “Sevarth Pranali”.

4.      In view of Government policy, the names of Petitioners were

again forwarded by the Respondents to the Regional Deputy

Commissioner. After verifying the entire proposal, the Regional Deputy

Commissioner recommended the inclusion of their names in the

“Sevarth Pranali” to the Commissioner for Persons with Disabilities,

Maharashtra State, Pune, on 15th November 2024 (Exhibit-I, Page 50).

5.      The Petitioners have pointed out that, as of now, more than one

year has elapsed, but no decision has been taken by Respondent No.2-

Commissioner in the matter. Consequently, due to the non-inclusion of

their names in the “Sevarth Pranali”, the Petitioners are deprived of

from monetary beneits, despite being work is extracted from them by

the respective School.

6.      In the light of this factual position, we are satisied that

Respondent      No.2-Commissioner       for   Persons   with   Disabilities,

Maharashtra State, Pune shall decide the pending proposal forwarded


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by the Regional Deputy Commissioner, Social Welfare, Pune Division,

Pune, dated 15th November 2024 (Exhibit-I, Page 50), within a period of

four weeks from the date of production of this Order by the Petitioners

before him.

7.      With this direction, the Writ Petition stands disposed of.



     [Pravin S. Patil, J.]                    [Madhav J. Jamdar, J.]




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