Bombay High Court

SHUBHANGI JAGDISH DHOLEversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the State must submit a proposal for payment of the petitioner’s salary arrears and ensure payment within the stipulated timeline.

Summary

The petitioner, Shubhangi Jagdish Dhole, filed a writ petition seeking payment of salary arrears from January 2021 and regular salary. The High Court had earlier ordered that regular salary be paid pending final decision. Respondent No.3, representing the State, claimed the petitioner was already receiving regular salary and promised to submit a proposal for arrears payment within one week. The Court disposed of the petition, directing Respondent No.3 to submit a detailed proposal within two weeks, after which Respondent No.2 must process it within six weeks, ensuring the petitioner receives the arrears within twelve weeks of the order. The order thus mandates a structured timeline for settlement of the arrears.

Issues considered

Whether the State is obligated to pay the petitioner’s salary arrears from January 2021
Whether the petitioner is entitled to regular salary pending final adjudication

Subjects

salary arrears
service law
writ petition
payment of dues
administrative law

Judgment

                                 *1*                   85-wp-46802-2023


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                 85 WRIT PETITION NO. 4680 OF 2023

                     Shubhangi Jagdish Dhole
                              VERSUS
  The State Of Maharashtra Through The Secretary And Others
                                 ...
Ms. Nayana Patil h/f Ms. Mahajan Surekha P., Advocate for the
Petitioner
Ms. S. S. Joshi, AGP for Respondents/State
Mr. V. V. Gujar, Advocate for Respondent Nos.3 and 6
                                 ...
                    CORAM : NITIN B. SURYAWANSHI &
                               ABASAHEB D. SHINDE, JJ.
                    DATE : 16th SEPTEMBER 2026

P. C. :-

1.         By this petition, the petitioner seeks direction to the

Respondents to pay the arrears of salary of the petitioner from

January 2021 till date and to pay regular salary to the petitioner.

2.         This Court by order dated 26.04.2023 directed the

Respondents to pay regular salary to the petitioner, subject to

the final decision in the petition.

3.         Learned Advocate for Respondent Nos.3 and 6, on

instructions, submits that the petitioner is being paid regular

salary and so far as arrears of salary of the petitioner for the

aforementioned period is concerned, Respondent No.3 will

submit a proposal to Respondent No.2 for payment of arrears of

Narwade
                                *2*                    85-wp-46802-2023


salary within a period of one (01) week from today.

4.        In the light of above, Writ Petition is disposed of by

directing Respondent No.3 to submit a proposal for payment of

the arrears of salary to the petitioner within a period of two (02)

weeks from today.       On receipt of such proposal, Respondent

No.2 shall process the same within a period of six (06) weeks

thereafter and in any case, the petitioner shall be paid the

arrears of salary within a period of twelve (12) weeks from the

date of receipt of copy of this order.




(ABASAHEB D. SHINDE, J.)              (NITIN B. SURYAWANSHI, J.)




Narwade

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