Bombay High Court

DATTU KISTAPPA MACHINWARversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court directs Respondent No.3 to decide the petitioner's pay fixation proposal under the 7th Pay Commission within eight weeks and communicate the decision.

Summary

Petitioner Dattu Kistappa Machinwar filed a writ petition seeking direction for the fixation of his pay under the 7th Pay Commission, alleging undue delay. Respondents, including the State of Maharashtra, indicated that the proposal for his pay fixation had been forwarded by Respondent No.5 to Respondent No.3 on 6 February 2026. The Court examined whether there was any breach of statutory duty or service rules requiring judicial intervention. Finding no substantive ground to interfere with the administrative process, the Court nonetheless ordered that the pending proposal be decided expeditiously. Accordingly, Respondent No.3 was directed to decide the proposal within eight weeks of receiving the order and to communicate the decision to the petitioner, and the writ petition was disposed.

Issues considered

Whether the delay in fixation of the petitioner's pay under the 7th Pay Commission warrants judicial intervention.
Whether the court can direct the administrative authority to decide the pay fixation proposal within a specified time.

Subjects

pay fixation
7th Pay Commission
writ petition
service matters
administrative law
high court

Judgment

2026:BHC-AUG:42022-DB


                                                                       wp11860-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.11860 OF 2026

                 Dattu Kistappa Machinwar                              PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                RESPONDENTS

                                               .......
                 Mr. Suresh S. Pidgewar, Advocate for the Petitioner
                 Mr. S. R. Wakle, AGP for Respondent - State
                                               ....…

                             [CORAM : NITIN B. SURYAWANSHI, &
                                      ABASAHEB D. SHINDE, J. J.]

                                      DATE : 10th SEPTEMBER, 2026

                 ORDER :

                 1.     Proposal of Petitioner’s pay fixation as       per 7 th Pay

                 Commission, is forwarded by Respondent No.5 to Respondent

                 No.3 on 6th February, 2026.


                 2.     The Writ Petition is disposed of by directing Respondent

                 No.3 to decide the said proposal within a period of 8 weeks from

                 the date of receipt of copy of this order and communicate the

                 decision to the Petitioner.



                 [ ABASAHEB D. SHINDE ]                [ NITIN B. SURYAWANSHI ]
                          JUDGE                                   JUDGE

                 drp/wp11860-26.doc

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