Bombay High Court

RAJENDRA SUBHASH KANWADE AND OTHERSversusTHE STATE OF MAHARASHTRA THR SOCIAL JUSTICE AND SPECIAL ASSISTANT DEPT AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that monetary benefits from the pay‑scale extension are limited to the three years preceding the filing of the petition and that the petitioners are entitled to dearness allowance, with the benefits to be released within twelve weeks of the order.

Summary

The petitioners, Rajendra Subhash Kanwade and others, filed a writ petition before the Bombay High Court seeking monetary benefits arising from an extension of their pay scale and entitlement to dearness allowance. The respondents, the State of Maharashtra, contested the extent and timing of such benefits. The Court referred to its earlier decision in Writ Petition No. 14725 of 2017, which addressed the same issue. It held that the monetary benefits are confined to the three years preceding the filing of the present petition, i.e., up to 22 September 2023. The petitioners were affirmed to be entitled to dearness allowance on the minimum admissible pay scale. The Court ordered that the pecuniary benefits be released to the petitioners within twelve weeks of the order’s upload. Consequently, the petition was disposed of on these terms.

Issues considered

Whether monetary benefits arising from the extension of the pay scale can be granted for periods earlier than three years before the filing of the petition
Whether the petitioners are entitled to dearness allowance on the minimum pay scale
What is the appropriate time frame for disbursement of the awarded benefits

Subjects

pay scale extension
dearness allowance
monetary benefits
writ petition
service matters
high court order

Judgment

2026:BHC-AUG:44558-DB


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                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.13033 OF 2026

                 Rajendra Subhash Kanwade and Others                   PETITIONERS

                        VERSUS

                 The State of Maharashtra and Others                  RESPONDENTS

                                              .......
                 Mr. Durgesh M. Pingale, Advocate for the Petitioners
                 Mr. M. K. Goyanka, AGP for Respondent - State
                                              ....…

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

                                      DATE : 28th SEPTEMBER, 2026

                 ORDER :

                 1.     Indisputably, the issue raised in this Petition is squarely

                 covered by the decision of this Court in Writ Petition No. 14725

                 of 2017, to which one of us (Nitin B. Suryawanshi, J.) is a party.


                 2.     For the reasons stated in the said order, the Writ Petition is

                 disposed of in the following terms -


                 3.     Monetary benefits arising out of the extension of pay scale

                 are restricted to 3 years prior to the filing of the present Writ

                 Petitions i.e. prior to three years from 22 nd September, 2026.

                 Needless to state that, the Petitioners are entitled for Dearness

                 Allowance on the minimum pay scale admissible to them. The
                               {2}                wp13033-26.doc

pecuniary benefits be extended to the Petitioners within 12

weeks from the date of uploading of this order.



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

drp/wp13033-26.doc

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