Bombay High Court

SHAILAJA ANANTRAO THOMBARE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The High Court disposed of the writ petitions, holding that the parties' rights will be governed by the final decision of the Supreme Court appeal (Petition for Special Leave to Appeal (C) No. 28560 of 2026).

Summary

The petitioners – Vinod Jadhav, Mahesh Patil and Shailaja Thombare – filed writ petitions challenging the State of Maharashtra's denial of their right to engage in private medical practice and the denial of Non‑Practising Allowance (NPA). The High Court had earlier resolved the same issues in a common judgment dated 30 July 2026 (Writ Petition No. 1583 of 2015 and connected petitions), holding that medical officers were entitled to private practice and NPA. That judgment was subsequently challenged before the Supreme Court in Petition for Special Leave to Appeal (C) No. 28560 of 2026, which has been granted interim protection. The petitioners and the State jointly requested that the present writ petitions be disposed of, with their rights to be determined by the final outcome of the Supreme Court appeal. Accordingly, the High Court disposed of the writ petitions, directing that any interim relief continue until the Supreme Court decides the appeal.

Issues considered

Whether medical officers are entitled to undertake private practice while in government service
Whether the Non‑Practising Allowance is payable to medical officers who do not engage in private practice
Effect of a pending Supreme Court appeal on the enforceability of the High Court's earlier judgment

Subjects

private practice
medical officers
Non‑Practising Allowance
writ petition
interim relief
Supreme Court appeal

Judgment

2026:BHC-AUG:39992-DB

Sr. No. 16, 18 & 29

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

16 WRIT PETITION NO. 5534 OF 2019

Vinod Baburao Jadhav
VERSUS
The State Of Maharashtra And Others
…
AND
18 WRIT PETITION NO. 12085 OF 2021

Mahesh Dilip Patil
VERSUS
The State Of Maharashtra And Others
…
AND
29 WRIT PETITION NO. 12098 OF 2017

Shailaja Anantrao Thombare And Another
VERSUS
The State Of Maharashtra And Others
…
• Mr. Vivekanand B. Deshmukh, Advocate for the Petitioners in
the respective Writ Petitions.
• Mr. R. S. Wani, AGP for the Respondents - State.
…
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 31st AUGUST, 2026
PER COURT :

1. This Court, by a common judgment and order dated

30.07.2026 passed in Writ Petition No. 1583 of 2015 and connected

Writ Petitions, has already decided the issue involved in the present

petitions concerning the entitlement of Medical Officers to undertake

private practice and the payment of Non-Practising Allowance.

Jhs/ 1/2
Sr. No. 16, 18 & 29

2. It is informed that the aforesaid common judgment and

order dated 30.07.2026 has been challenged before the Hon'ble

Supreme Court in Petition for Special Leave to Appeal (C) No. 28560

of 2026. It is further informed that the Hon'ble Supreme Court has

issued notice and continued the interim protection granted by this

Court.

3. Learned Advocate for the petitioners and learned AGP

jointly submit that the present Writ Petitions may be disposed of with

a direction that the rights of the parties herein shall abide by the final

outcome of Petition for Special Leave to Appeal (C) No. 28560 of

2026 pending before the Hon'ble Supreme Court.

4. In view of the above, the Writ Petitions stand disposed of.

The rights and contentions of the parties in these petitions shall abide

by the final outcome of Petition for Special Leave to Appeal (C) No.

28560 of 2026.

5. Interim relief, if any, operating in these Writ Petitions shall

continue till the disposal of Petition for Special Leave to Appeal (C)

No. 28560 of 2026, subject to any further orders passed by the

Hon'ble Supreme Court.

[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]

Jhs/ 2/2

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