Bombay High Court

MAHARASHTRA STATE JUDGES ASSOCIATIONversusTHE STATE OF MAHARASHTRA THR PRIN. SEC. LAW AND JUSTICE DEPT. AND ANR

Decided: 27 July 2026
Disposal: Disposed Off
Bench: ACTING GAUTAM A ANKHAD

Holding

The petition is disposed of as withdrawn.

Summary

The Maharashtra State Judges Association filed a writ petition seeking leave, traveling allowances and leave travel concessions for its member judicial officers. The State of Maharashtra responded that these benefits had already been granted under a Government Resolution dated 6 February 2024. The petitioner, on instructions, indicated a desire to withdraw the present petition and instead file a fresh petition for maternity and child‑care leave and any other unrewarded benefits. The Court accepted the withdrawal and disposed of the petition, noting that any future petition would be considered on its merits. No substantive adjudication on the merits was made.

Issues considered

Whether the writ petition seeking leave and travel concessions should be entertained in view of the Government Resolution granting such benefits
Whether the petitioner is permitted to withdraw the petition and file a fresh petition for additional benefits

Subjects

writ petition
leave benefits
judicial officers
Maharashtra State Judges Association
withdrawal
maternity leave
government resolution

Judgment

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
BHARAT
DASHARATH
PANDIT
Digitally signed by
BHARAT
DASHARATH PANDIT
                                             WRIT PETITION NO. 2563 OF 2026
Date: 2026.07.28
19:40:39 +0530



                      Maharashtra State Judges Association
                      Through its President
                      Shri Sachin Suryakant Patil                        …. Petitioner.

                                   Vs.

                      The State of Maharashtra
                      through Principal Secretary
                      Law and Justice Department and Anr.                …. Respondents.

                      Mr. Rahul Kadam with Mr. Vedant Babar, Advocates for the Petitioner.

                      Mr. B. V. Samant, Addl. G.P. with Mrs. P. J. Gavhane, A.G.P. for the
                      Respondents/State.



                                                CORAM : RAVINDRA V. GHUGE, ACJ. &
                                                        GAUTAM A. ANKHAD, J.

                                                DATE        : 27TH JULY, 2026

                      P.C. :


                      1.                  Heard the learned Advocate for the Petitioner.



                      2.                  The learned Additional Government Pleader and the learned

                      Assistant Government Pleader submit that in so far as prayers (a) and (b)

                      are concerned, the Members of the Petitioner-Association who are

                      judicial officers in the District Judiciary in the State of Maharashtra,

                      have been granted benefits of the Government Resolution dated 06 th

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                      23 WP-2563-26.odt                                                          bdp
February, 2024 like Leave, Traveling Allowances and Leave Travel

Concessions.



3.                  The learned Advocate for the Petitioner submits on

instructions that since the Government submits that the afore stated

benefits       are     being   extended    to    the   Petitioner,   which   are

undisputed/confirmed, the Petitioner desires to withdraw this Petition

and would file a fresh Petition seeking benefit of Leave towards

Maternity Child Care and any other such reliefs which may not have

been granted to the Petitioner.



4.                  In view of the above, this Petition is disposed off as

withdrawn on instructions. In the light of above statement, if the

Petitioner files a fresh Petition, all contentions of the stakeholders are

kept open to be considered in the said Petition.




[ GAUTAM A. ANKHAD, J. ]                        [ ACTING CHIEF JUSTICE ]




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23 WP-2563-26.odt                                                             bdp

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