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Bombay High Court

PRADEEP DNYANOBA MALE AND ORSversusTHE SECRETARY PUBLIC HEALTH DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as the issue has already been decided by the Division Bench in Dr. Maya Raghunath Kagne v. State of Maharashtra.

Summary

The petitioners, government doctors, filed a writ petition under Article 226 of the Constitution seeking to quash certain provisions of a Government Resolution dated 07/08/2012 that denied them the option of taking a Non‑Practice Allowance (NPA) in lieu of private practice while in government service. The petitioners argued that the resolution infringed their rights and sought both substantive relief and continuation of interim orders. The Court observed that the matter had already been decided by a Division Bench of the same High Court in Dr. Maya Raghunath Kagne v. State of Maharashtra (Writ Petition No.6549 of 2026), where similar petitions were dismissed. Relying on that precedent, the Court held that the present petition was no longer res integra and dismissed it, while extending the existing interim relief for six weeks to enable the petitioners to approach the Supreme Court. No costs were awarded.

Issues considered

  • Whether the petition is maintainable in view of the prior decision of the Division Bench in Dr. Maya Raghunath Kagne v. State of Maharashtra.
  • Whether the provisions of the Government Resolution dated 07/08/2012 can be quashed under Article 226.
  • Whether the interim relief granted earlier should be continued pending a possible appeal to the Supreme Court.

Legislation cited

Subjects

  • Article 226
  • Writ Petition
  • Government Service
  • Private Practice
  • Non‑Practice Allowance
  • Interim Relief
  • Res Integra
  • Dismissal

Judgment

                                                                                              18-WP-218-25.DOC



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                               WRIT PETITION NO.218 OF 2025

                         Pradeep Dnyanoba Male And Ors                               ...Petitioners
                               Versus
                         The Secretary Public Health Dept And Ors                    ...Respondents

                                                            _______
                         Mr. Shrinivas Wagh (through VC) for Petitioners.
                         Ms. P. N. Diwan, AGP for Respondent-State.
                                                             _______

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

                                                          DATE:         16 SEPTEMBER 2026

                         P.C.
                         1.     This petition under Article 226 of the Constitution of India is filed by
                         the petitioner praying for following substantive reliefs:

                                     “A)     Rule may kindly be issued.

                                     B)      Record and Proceedings may kindly be called for.

                                     C)       Rule may kindly be made absolute further by
                                     quashing and setting aside the prescriptions contained in
                                     paragraph no.4.1, 4.3, 4.4, 4.5 and 4.7 contained in |G. R.
                                     dated 07/08/2012 (Exh. “E”) issued by Resp. No.1 denying
                                     facility to the petitioner of giving an option to either accept
                                     the NPA in lieu of private practice or to do private practive
                                     while being in Government Service.

                                     D)      Rule may kindly be made absolute further by
                                     directing the Resp. No.1 to provide/extend the facility of
           Digitally signed
                                     giving an option to the Petitioner to either accept the
           by RAJESHWARI
RAJESHWARI SUBODH
SUBODH     KARVE                     NPA in lieu of private practice or to do private practice
KARVE      Date:
           2026.09.22
           14:49:07 +0530            while being in Government Service by effecting necessary
                                     modification to be G. R. dated 7/8/2012 (Exh. “E”) issued
                                     by Respondent No.1.”


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                                                                  18-WP-218-25.DOC



2.    Learned counsel for the petitioners submits that the issue raised in this
petition is no more res integra considering the decision of the Division
Bench of this Court at Aurangabad in Dr. Maya Raghunath Kagne vs. The
State of Maharashtra and Ors., Writ Petition No.6549 of 2026 along with
batch of petitions in which by order dated 30 July 2026, the petitions were
dismissed.

3.    Learned counsel for the petitioners has fairly stated that in view of the
pronouncement of judgment by the said Division Bench, the petitioners in
the present petition would also meet the same fate. Accordingly, for the
reasons recorded by this Court in the decision of Dr. Maya Raghunath Kagne
(supra), the present petition stands dismissed. At this stage a prayer is made
that ad-interim orders passed by this Court on 17 November 2026 to
continue for some period. We find that the Division Bench in the decision of
Dr. Maya Raghunath Kagne (supra) has continued the interim relief for a
period of 6 weeks. We accordingly continue the ad-interim order for a
period of 6 weeks to enable the present petitioners to approach the Hon’ble
Supreme Court.

4.    The present petition is dismissed. No costs.



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




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