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Bombay High Court

VISHAL SHANKARRAO GHULEversusTHE STATE OF MAHARASHTRA OTHER BACKWARD BAHUJAN WELFARE DEPT. AND ORS.

Disposal
Disposed Off

Holding

The Court held that the petitioner must file a fresh representation before Respondent No.4, which must decide it within two weeks, and allowed the petition.

Summary

Vishal Shankarrao Ghule filed a writ petition challenging a Government Resolution dated 03.10.2017 that purportedly cancelled the procedure for filing appeals before the Hon’ble Minister. The petitioner argued that similar appeals of his colleagues had been decided by the Minister on 08.10.2024, rendering the desk officer’s communication ambiguous. The High Court observed the inconsistency and held that the petitioner must file a fresh representation before Respondent No.4, the designated authority. The Court directed the petitioner to submit the representation within one week and mandated Respondent No.4 to decide it within two weeks, without granting any further time. It emphasized that the decision of Respondent No.4 should consider the Minister’s earlier appellate orders for similarly situated employees. Consequently, the petition was allowed on these terms.

Issues considered

  • Whether the Government Resolution of 03.10.2017 revoking the appeal procedure is applicable to the petitioner’s case.
  • Whether the petitioner is required to file a fresh representation before Respondent No.4.
  • Whether the Court can impose specific time limits for filing representation and for Respondent No.4 to decide.

Subjects

  • writ petition
  • government resolution
  • appeal procedure
  • representation
  • OBC welfare
  • procedural law
  • High Court of Bombay

Judgment

2026:BHC-KOL:8741-DB

                                                                          909-WP-4035-2026.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIRCUIT BENCH AT KOLHAPUR
                                      CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 4035 OF 2026

               Vishal Shankarrao Ghule                              ...Petitioner.
                       Versus
               The State Of Maharashtra Other Backward
               Bahujan Welfare Dept. And Others                     ...Respondents.
                                          ——————
               Mr. Gurubala Birajdar a/w Mr. Vidyasagar Chavan, Advocate for the Petitioner.
               Mr. A. P. Vanarse, AGP for the Respondents - State
               Mr. Shrikant Avhad, Other Backward Class Welfare Officer (Class-2)
                                               ——————
                                                Coram : Sharmila U. Deshmukh &
                                                        Neeraj P. Dhote, JJ.
                                                  Date     : September 09, 2026.
               P. C. :

               1.        Learned AGP submits that in view of the Government Resolution

               dated 03.10.2017, the procedure of appeals being filed and decided by

               the Hon’ble Minister has been cancelled. He submits that fresh

               representation is required to be filed with Respondent No.4, who shall

               decide the same.

               2.        The communication about Government Resolution of 03.10.2017

               has been issued by Desk Officer, who has failed to notice that in respect

               of the Petitioner’s colleagues, on 08.10.2024, identical appeals have

               been decided by the Hon’ble Minister. It is therefore not clear on what

               basis the Desk Officer has sent the communication stating that the

               appeal procedure itself has been revoked.



               Sameer                             1 of 2
                                                         909-WP-4035-2026.doc


3.       Be that as it may. As it is stated that Respondent No.4 will decide

the representation, we direct the Petitioner to file representation

within a period of one week from today.

4.       The Respondent No.4 shall decide the representation within a

period of two weeks. We make it clear that no further time will be

granted for deciding the representation. We expect that Respondent

No.4 will decide the representation by taking into consideration the

orders passed in appellate proceedings by the Hon’ble Minister in

respect of identically placed employees.

5.       The petition is allowed in the above terms.




 [Neeraj P. Dhote, J.]                        [Sharmila U. Deshmukh, J.]




Sameer                             2 of 2


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