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Bombay High Court

BHAIDAS HARJI RATHODversusTHE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The impugned order is based on a misinterpretation of the earlier judgment and is therefore quashed.

Summary

The petitioner, appointed as a peon on 1 February 2010, was granted service approval only from 1 June 2014, prompting him to seek retroactive approval. After an appeal to the Minister and a writ petition (Writ Petition No.14542 of 2025) which directed the proper procedure for his pending appeal, respondent No.2 dismissed the appeal on the ground that the court had ordered the matter to be referred to the School Tribunal. The petitioner contended that this was a misinterpretation of the court’s earlier order and that his appeal for correction of the approval date should be decided on its merits by the respondent. The High Court held that the impugned order was based on a misreading of the earlier judgment, quashed it, and remanded the appeal for substantive consideration within twelve weeks. The writ petition was therefore allowed.

Issues considered

  • Whether the order of respondent No.2 disposing of the petitioner's appeal on the basis that the matter must be referred to the School Tribunal is a correct interpretation of the High Court's order in Writ Petition No.14542 of 2025.
  • Whether the petitioner’s request for retroactive correction of his service approval date can be decided by respondent No.2 or must be referred to the School Tribunal.

Subjects

  • Writ petition
  • Service approval
  • Retroactive appointment
  • Misinterpretation of judgment
  • Appellate jurisdiction
  • School Tribunal
  • Quash order
  • Remand

Judgment

2026:BHC-AUG:42674-DB


                                                   {1}                        64-wp-12098-2026

                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD

                              64 WRIT PETITION NO. 12098 OF 2026

                                        Bhaidas Harji Rathod
                                              VERSUS
                                The State Of Maharashtra And Others
                                                 ...
              Mr. Paresh Patil (Borse), Advocate for the Petitioner
              Mr. S.K. Tambe, AGP for State
                                               .......

                                        CORAM : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.


                                             DATE : 15th SEPTEMBER, 2026
              PER COURT :

              1.    The   petitioner    is   aggrieved    by   the    decision   rendered   by

              respondent No.2, thereby disposing of the appeal/representation of the

              petitioner, by misinterpreting the decision of this Court in Writ Petition

              No.14542 of 2025.


              2.    The petitioner is appointed as Peon with respondent No.6 w.e.f.

              01.02.2010. Initially, the approval to his service was rejected. The

              petitioner therefore, approached respondent No.1. By order dated

              28.05.2021, passed by respondent No.1, the approval was granted to

              the post of petitioner from '01.06.2014' and not from the date of his

              appointment    i.e.,     '01.02.2010'.     Therefore,     the    petitioner   has

              approached the Hon'ble Minister, Other Backward Bahujan Welfare
                                  {2}                   64-wp-12098-2026

Department by way of an appeal.


3.    Since, the appeal was not being decided, the petitioner filed Writ

Petition No.14542 of 2025, wherein this Court, by order dated

04.12.2025, has directed to adopt the due procedure of law for

disposal of pending appeal of the petitioner.


4.    After the decision of this Court, respondent No.2 has disposed of

the appeal filed by the petitioner on the ground that, this Court has

directed the petitioner to file an appeal before the School Tribunal.


5.    The impugned order dated 20.05.2026 passed by respondent

No.2 is based on misinterpretation of the order passed by this Court in

Writ Petition No.14542 of 2025.


6.    By way of an appeal, the petitioner has sought correction of his

date of approval from ‘01.06.2014' to '01.02.2010'. Instead of

considering the appeal of the petitioner on merits, respondent No.2

has erroneously disposed of the same on the above stated ground. The

relief sought by the petitioner in the appeal cannot be sought before

the School Tribunal.


7.    In this view of the matter, the impugned order cannot be

sustained.
                                       {3}                    64-wp-12098-2026

8.       The Writ Petition is, therefore, allowed. The impugned order

dated 20.05.2026 passed by respondent No.2 is quashed and set-

aside.



9.       The       matter   is   remanded    back   to   respondent   No.2   for

consideration on merits. The appeal of the petitioner shall be decided

on its own merits within a period of twelve (12) weeks from the date of

receipt of copy of this order.




(ABASAHEB D. SHINDE, J.)                     (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde


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