Bombay High Court

PRAKASH GANGADHAR PALVEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is allowed, directing the respondents to grant the advance increment, fix the revised pay scale, and pay the full retirement benefit to the petitioner.

Summary

Petitioner Prakash Gangadhar Palve filed a writ petition seeking the benefit of an advance increment, a revised pay scale, and the consequent retirement benefits for his excellent service. The petition challenged the respondents, the State of Maharashtra and two other parties, for not granting these benefits. The Court observed that the matter was directly covered by its earlier decision in Writ Petition No. 8493 of 2019 (Mahadeo Shankar Lokhande & Others v. State of Maharashtra & Others). Relying on that precedent, the Court held that the petitioner's claim was maintainable. Accordingly, the Court allowed the petition, directing Respondents No. 4 and 5 to accord the advance increment, fix the revised pay scale, and pay the entire monetary retirement benefit. The benefits were to be provided within eight weeks of the order.

Issues considered

Whether the petitioner is entitled to an advance increment and revised pay scale for retirement benefits under service rules.

Subjects

advance increment
revised pay scale
retirement benefits
service law
writ petition

Judgment

2026:BHC-AUG:36762-DB


                                                {1}                   wp2995-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.2995 OF 2026

                 Prakash Gangadhar Palve                              PETITIONER

                        VERSUS

                 The State of Maharashtra and Others                RESPONDENTS

                                               .......
                 Mr. E. S. Murge, Advocate for the Petitioner
                 Mr. V. M. Kagne, AGP for Respondent - State
                 Mr. P. D. Suryawanshi, Advocate for Respondents No.4 and 5
                                                ....…

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

                                     DATE : 17th AUGUST, 2026

                 ORDER :

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

                 covered by the decision of the Co-ordinate Bench of this Court

                 (Coram : S. V. Gangapurwala and Mangesh S. Patil, JJ) in Writ

                 Petition No. 8493 of 2019 (Mahadeo Shankar Lokhande and

                 Others V/s the State of Maharashtra and Others ). This Court has

                 consistently followed the same view.


                 2.     In this view of the matter, for the reasons recorded in the

                 said order, the Writ Petition is allowed in terms of prayer clause

                 “C”, which reads as follows:
                                       {2}                        wp2995-26.doc

     “C. By issuing appropriate writ, order or direction in like nature
     please to direct the Res. No. 4 and 5 to accord the benefit of advance
     increment in favour of the Petitioner for excellent work by fixing
     revise pay scale and thereupon to pay entire monetary retirement
     benefit arising out of the re-fixation to the Petitioner.”

3.    The benefits should be accorded to the Petitioner within 8

weeks from the date of receipt of copy of this order.



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

drp/wp2995-26.doc

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