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Bombay High Court

VIKAS NITIN KHAIRNAR AND ANRversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court directed Respondent No.3 to hear and decide the promotion proposal within four weeks, ordering the petitioner to appear before it on 7 October 2026.

Summary

The petitioners, Vikas Nitin Khairnar and another, filed a writ petition seeking a directive to the State of Maharashtra to promptly decide a proposal dated 25 July 2023 for the promotion of petitioner No.1 to a regular pay scale as Laboratory Assistant after three years of service on honorarium. They requested that the salary be backdated to 1 September 2022 with all arrears. The Court examined whether it could intervene to compel the administrative authority (Respondent No.3) to decide the pending proposal without prejudice to other respondents. Finding no prejudice to Respondent No.5, the Court ordered petitioner No.1 to appear before Respondent No.3 on 7 October 2026 and directed that the proposal be decided within four weeks in accordance with law. All contentions were kept open for further argument. The petition was disposed of without costs.

Issues considered

  • Whether a High Court can issue a writ directing an administrative authority to decide a pending promotion proposal within a specified time frame
  • Whether such direction would prejudice the rights of other respondents

Subjects

  • writ petition
  • promotion
  • regular pay scale
  • administrative delay
  • salary arrears
  • Laboratory Assistant
  • Maharashtra

Judgment

                                                                        409- WP-12614-2026.DOC



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 12614 OF 2026


Vikas Nitin Khairnar and Anr                                        ...Petitioners
      Versus
The State of Maharashtra
Thru Secretary & Ors                                                ...Respondents
                                         _______

Mr Vinayak R Kumbhar, with Rajendra B Khaire, i/b Ashwini N Bandiwadekar,
for Petitioners.
Ms Priyanka B Chavan, AGP for Respondents-State.
                                         _______

                                      CORAM:         G. S. KULKARNI &
                                                     DR. NEELA GOKHALE, JJ.

                                      DATE:          23 SEPTEMBER 2026

P.C.


1.        We have heard Mr Vinayak Kumbhar, learned counsel for the Petitioners

and Ms Priyanka Chavan, AGP representing the Respondents-State.


2.        The only prayer pressed in the Writ Petition is prayer clause (b), which reads

thus:-

               “b] By a suitable writ, order or direction, this Hon'ble Court may be
               pleased to direct the Respondent No. 3 to immediately decide the
               proposal dated 25.7.2023 [EXHIBIT-E] submitted by the Petitioner
               No. 2 seeking individual approval to the Petitioner No. 1 in the
               regular pay scale in the post of Laboratory Assistant, after having
               completed approved service of 3 years on monthly honorarium, and
               accordingly to grant such approval and thereafter to release the grant-
               in-aid for payment of said salary in pay scale with effect from
               01.9.2022 onwards, with all arrears.”



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                                                                      409- WP-12614-2026.DOC




3.         In the event, such proposal, which is the subject matter of prayer clause (b),

is received by Respondent No.3, it would be in the interest of justice that the same

is decided as expeditiously as possible and in any event, within a period of four

weeks from today.

4.         We are inclined to pass the aforesaid order, as the same would not prejudice

the rights and contentions of Respondent No.5.

5.         Let Petitioner No. 1 appear before Respondent No. 3 on 7 th October 2026

at 2.30 p.m. and thereafter, Respondent No.3 shall proceed to hear the parties and

decide the proposal in accordance with law.

6.          All contentions in that regard are expressly kept open.

7.         Disposed of. No costs.




(DR. NEELA GOKHALE, J.)                                     (G. S. KULKARNI, J.)



          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.09.24
          15:38:50
          +0530




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