Bombay High Court

DR. RAVASAHEB BASGONDA PATIL AND ORSversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

Disposal: Disposed Off
Bench: MADHAV JAMDAR PRAVIN SHESHRAO PATIL

Holding

The Court did not adjudicate the merits but directed the petitioners to file a representation before the Secretary, Public Health Department, keeping all contentions open and disposing the writ.

Summary

The petitioners, senior medical professionals, filed a writ petition under Article 226 of the Constitution seeking declaration that they are entitled to salary scales dating from 1986, 1996 and 2006, as well as payment of arrears and a non‑practicing allowance. They relied on a 2017 coordinate bench order in similar writs and a 2001 government resolution. The Court noted the petitioners' claim and directed them to file a comprehensive representation before the Secretary, Public Health Department of Maharashtra within 15 days. The Court further ordered that any representation received by 27 April 2026 be decided expeditiously, and in any event by 30 June 2026. All contentions raised in the writ were expressly kept open, and the petition was disposed without any order as to costs.

Issues considered

Whether the petitioners are entitled to the specified salary scales and arrears under the relevant government orders.
Whether the petitioners are entitled to the non‑practicing allowance as per the applicable rules.
Whether the High Court should entertain the writ petition directly or require the petitioners to pursue administrative remedy before the Public Health Department.

Legislation cited

Constitution of India — s. Article 226

Subjects

salary arrears
non‑practicing allowance
writ of mandamus
Article 226
public health department
senior citizens
administrative representation
Bombay High Court

Judgment

                                                         913-WP-6460-2021 (C).doc


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

                      WRIT PETITION NO.6460 OF 2021

Dr. Ravasaheb Basgonda
Patil And Ors                                          ...Petitioners
            Vs
The State Of Maharashtra
Through Secretary And Ors                              ...Respondents




                            ——————
Mr. Ramdas Shelke a/w. Adv. Vaishnavi Shelke, Advocate for petitioners.

Mr. Siddheshwar Kalel, AGP for respondents-State.
Mr. Vijay Killedar, Advocate for respondent no.2.

                                 ——————

                                    Coram :       Madhav J. Jamdar &
                                                  Pravin S. Patil, JJ.

                                    Date      :   April 8, 2026.

P. C. :

1.        By the present Writ Petition filed under Article 226 of the

Constitution of India, the Petitioners seek, inter alia, the following reliefs

in terms of prayer clauses (b) and (c):

             “(b)     To issue a writ of mandamus or any
             other appropriate writ, order or direction in that
             nature to the Respondents, declaring that the
             Petitioners are entitled to the salary at the scale


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            of Rs. 2000-3500 with effect from 1/1/1986,
            salary at the scale of Rs. 8000-13,500 with effect
            from 1/1/1996, salary at the scale of 15,600-
            39,100 with effect from 1/1/2006 directing the
            Respondents to make the payment of
            consequential arrears to the Petitioners with
            appropriate interest thereon;
            (c)      To issue a writ of mandamus or any
            other appropriate writ, order or direction in that
            nature directing the Respondents to make the
            payment of Non-Practicing Allowance as per the
            rules to the Petitioners with effect from
            1/4/1981;”


2.       Mr. Shelke, learned counsel for the Petitioners, submits that the

case of the Petitioners is covered by the order dated 16th March 2017

passed by the Coordinate Bench at the Principal Seat of this Court in Writ

Petition No.1007 of 2013 along with Writ Petition No.1006 of 2013. He

further relies upon the Government Resolution dated 28th May 2001.

3.       After arguing the matter for some time, Mr. Shelke, learned counsel

for the petitioners submits that the Petitioners shall file a comprehensive

representation before the Secretary, Public Health Department, State of

Maharashtra, Mantralaya, Mumbai. He further submits that since the

Petitioners are senior citizens, the said representation may be directed to

be decided expeditiously.

4.       In the facts and circumstances of the case, we pass the following

order:



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                                    ORDER

(i) The Petitioners are granted liberty to file a representation before the

Secretary, Public Health Department, State of Maharashtra, Mantralaya,

Mumbai, within a period of 15 days from today.

(ii) If such representation is received by the Secretary, Public Health

Department, State of Maharashtra, Mantralaya, Mumbai, on or before

27th April 2026, the same shall be decided expeditiously and, in any

case, on or before 30th June 2026.

5.     It is clarified that all the contentions raised in the Writ Petition are

expressly kept open.

6.     The Writ Petition is disposed of in the aforesaid terms. There shall

be no order as to costs.



[Pravin S. Patil, J.]                                 [Madhav J. Jamdar, J.]




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