Bombay High Court
CHANGDEO BHIVAJI KHEMNARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court directed Respondent No. 7 to decide the petitioner’s representations within eight weeks, thereby disposing of the petition.
Summary
The petitioner, Changdeo Bhivaji Khemnar, filed a writ petition seeking a mandamus directing the State of Maharashtra to fix his pay scale as a special teacher and award arrears based on the 6th and 7th Pay Commissions, alleging that his representations since 14 October 2013 remained unanswered, the latest being on 23 December 2025. The State, through its AGP, waived service of notice and undertook to decide the petitioner’s representations within eight weeks. The Court examined whether it could issue a directive to enforce this undertaking. Relying on the AGP’s statement as a binding undertaking, the Court ordered Respondent No. 7 to decide the pending representations within the stipulated period. Consequently, the petition was disposed with the direction to the respondent.
Issues considered
- Whether the High Court can direct the State to decide pending representations of a government employee within a specified time frame
- Whether a mandamus is appropriate to compel fixation of pay scale and payment of arrears
Subjects
- writ of mandamus
- pay scale
- special teacher
- government employee
- representation
- court direction
Judgment
1 914WP1665.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
914 WRIT PETITION NO. 1665 OF 2026
Changdeo Bhivaji Khemnar
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. R. V. Gunale h/f Mr. V. D. Gunale - Advocate for the Petitioner
Miss Neha B. Kamble - AGP for the State
...
CORAM : SMT. VIBHA KANKANWADI
AND
NEERAJ P. DHOTE, JJ.
DATED : 18TH APRIL, 2026
PER COURT : -
1. Leave to amend. Amendment be carried out forthwith.
2. This petition has been filed seeking following relief:-
“C. By issuing writ of Mandamus or any other appropriate writ, order
of direction in the like nature, the respondent nos. 1 to 4 be
directed to fix the pay scale of the petitioner as special teacher
since from his appointment/promotion i.e. 01.08.2007 and as per
approval granted by the respondent no. 4 dated 07.08.2007 by
extending the benefit of 6th and 7th Pay Commission and the pay the
petitioner his regular monthly salary in the said pay scale including
the arrears of difference of his pay scale and for that purpose
necessary orders be passed.
3. It appears that the Petitioner has made representations
since 14.10.2013, which are stated to have not been addressed. The last
representation is dated 23.12.2025.
4. Learned AGP waives service of notice on behalf of
Respondent Nos. 1 to 4 and 7 and makes a statement that the
2 914WP1665.2026.odt
representations of the Petitioner will be decided within a period of eight
(8) weeks.
5. We accept the statement made by the learned AGP as an
undertaking to the Court and dispose of the Petition by directing
Respondent No. 7 to decide the said representations within a period of
eight [8] weeks.
[NEERAJ P. DHOTE] [SMT. VIBHA KANKANWADI]
JUDGE JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 21/04/2026 18:23:20
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