Bombay High Court

KALPESH RAMAKANT DESHMUKHversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the petitioner must be appointed on the regular pay scale and the respondent must pay the differential amount within six weeks.

Summary

Kalpesh Ramakant Deshmukh filed a writ petition seeking regularisation of his appointment as a peon, requesting a regular pay scale of Rs.15,000-47,600 instead of the honorarium of Rs.8,000 he was receiving. The petition alleged that the respondent authorities had failed to approve his regular appointment and had not paid the differential amount due from his appointment date of 11-05-2024. The Court noted that the matter was directly covered by its earlier decision in Writ Petition No.7357/2023 dated 10.05.2024. Relying on that precedent, the Court held that the petitioner was entitled to be appointed on the regular pay scale and to receive the pending differential amount. Accordingly, the Court granted the relief sought in prayer clause B, directing the respondent to approve the regular appointment and to pay the differential amount within six weeks.

Issues considered

Whether the petitioner is entitled to be appointed on a regular pay scale instead of an honorarium
Whether the respondent authority is obligated to approve the regular appointment
Whether the differential salary amount must be paid within a specified period

Subjects

appointment
regular pay scale
honorarium
writ of mandamus
service law
public employment

Judgment

2026:BHC-AUG:42940-DB
1 68.WP.12175.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 12175 OF 2026

KALPESH RAMAKANT DESHMUKH
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Advocate for the Petitioner : Mr. Syed Masood Chand
AGP for Respondents: Mr. M.K. Goyanka
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.

DATE : 16.09.2026

PER COURT:
The issue raised in this petition is squarely covered by the

decision of this Court in (Coram : Smt. Vibha Kankanwadi and Shri

S.G. Chapalgaonkar, JJ.), in Writ Petition No.7357/2023, dated

10.05.2024. For the reasons stated in the said order, the petition is

allowed in terms of prayer clause ‘B’, which reads as follows:

“B. By writ of mandamus or any other appropriate writ, order
or directions in the like nature the respondent No. 3 be
directed to grant approval to the appointment of petitioner as
a peon on regular pay scale of Rs.15,000-47,600 instead of
honorarium of Rs.8,000 from the date of his appointment
dated 11-05-2024. And also pay deference amount to the
petitioner forthwith, and specifically within a period of 6
weeks from the date of order of this Hon'ble court.”

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

habeeb/

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