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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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