Bombay High Court
Manjula Ashok KambleversusThe State of Maharashtra and Ors
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the concerned respondents to consider and decide the petitioner's application for upgradation within four weeks, and disposed the writ petition.
Summary
The petitioner, widow of the late Ashok Mallappa Kamble, sought a direction for the State to consider her application for upgradation of her husband's part‑time clerk post to a full‑time position, as per a Government Resolution dated 17 May 2017. The husband had been appointed as a part‑time clerk in 1997 and later absorbed as a full‑time clerk in 2017, but died in service in December 2023. The petition filed on 31 December 2025 requested that the respondents decide the upgradation and grant the consequent benefits. The Court, after hearing counsel, ordered Respondents No.2 and No.3 to consider and decide the application within four weeks, allowing them to seek any necessary information from Respondents No.4 or No.5. The petition was kept open on all contentions but was otherwise disposed without costs.
Issues considered
- What relief, if any, is available to the widow of a deceased government employee for upgradation of the deceased's post to full‑time under the applicable Government Resolution?
Subjects
- widow's rights
- post upgradation
- government resolution
- service matters
- writ petition
- employment benefits
Judgment
404_WP_11519_2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11519 OF 2026
Manjula Ashok Kamble ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
_______
Mr. Satyajeet Anil Rajeshirke, for Petitioner.
Ms. P.M.J. Deshpande, AGP for Respondent - State.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 1st SEPTEMBER 2026
P.C.
1. Heard Mr Satyajeet Rajeshirke, learned counsel appearing for the Petitioner
and Ms Deshpande, learned AGP representing the State.
2. The Petitioner is the widow of late Ashok Mallappa Kamble, who was
appointed on a sanctioned and vacant post of part-time Clerk in Savitribai Jyotirao
Phule Girls’ Secondary Night School, Matunga. His appointment was duly
approved w.e.f. 1st August 1997. Subsequently, he was absorbed in Respondent
No.5-School w.e.f. 12th December 2017. A Government Resolution (‘GR’) dated
17th May 2017 was issued by Respondent No.1 making the posts of Headmaster,
Clerk and Peon in night schools, full-time posts based on available workload. The
Petitioner’s husband died on 27th December 2023, while being in service.
3. By this Writ Petition, the Petitioner seeks a direction to the Respondents to
consider and decide her representation/application dated 31 st December 2025,
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404_WP_11519_2026.DOC
seeking her late husband’s upgradation as a full-time Clerk and consequential
benefits, in accordance with law and the aforesaid GR.
4. Considering the averments made in the Petition and the reliefs sought, the
Respondent Nos. 2 and 3 are directed to consider and decide the
representation/application dated 31st December 2025 within a period of four weeks
from the date on which this order is communicated to them. In case, these
Respondents require any information or details necessary to decide the
representation, they are at liberty to call for the said information from the
Respondent No. 4 or 5.
5. Keeping all the contentions open in that regard, the Writ Petition stands
disposed of. No costs.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2026.09.07
12:45:29
+0530
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