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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