Bombay High Court
SUKHACHARI S/O GAHININATH CHAVANversusTHE STATE OF MAHARASHTRA THR. SECRETARY RURAL DEVELOPMENT AND WATER CONSERVATION DEPT. AND ORS.
- Disposal
- Disposed Off
Holding
The Court held that the respondents must verify each petitioner’s eligibility and, if eligible, pay the increment and arrears within the stipulated time, while providing reasoned orders for ineligible petitioners.
Summary
The petitioners Sukhachari, Yasin, and Vijaykumar filed writ petitions challenging the non‑payment of advanced or additional increments under the Government Resolution dated 31 October 1989. They relied on a precedent order dated 19 September 2022 in Writ Petition No. 3938 of 2021, seeking similar relief. The respondents, the State of Maharashtra and its agencies, agreed to verify each petitioner’s eligibility and to grant the increments if found eligible, directing payment within eight weeks, while ordering reasoned orders for ineligible cases within three weeks. The Court affirmed the need for a verification exercise and directed the respondents to complete it within eight weeks, with any adverse orders to be served within two weeks, allowing petitioners to seek further remedy. The Court partially allowed the petitions, mandating payment of arrears to those eligible under the 1989 resolution and providing procedural timelines for verification and adjudication.
Issues considered
- Whether the petitioners are entitled to the advanced/additional increment under the Government Resolution dated 31 October 1989.
- Whether the respondents must conduct a verification of eligibility before granting the increment.
- What procedural timeline must be followed for payment of dues and issuance of reasoned orders for ineligible petitioners.
Subjects
- writ petition
- increment
- government resolution
- verification of eligibility
- civil appellate jurisdiction
- arrears
- procedural order
Judgment
903, 905 and 906.WP-83-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
(903) WRIT PETITION NO.83 OF 2026
Sukhachari s/o. Gahininath Chavan ….Petitioner
Versus
The State of Maharashtra and Ors. ….Respondents
AND
(905) WRIT PETITION NO.89 OF 2026
Yasin s/o. Bujruksab Yadgir ….Petitioner
Versus
The State of Maharashtra and Ors. ….Respondents
AND
(906) WRIT PETITION NO.90 OF 2026
Vijaykumar s/o. Laxman Raut and Ors. ….Petitioners
Versus
The State of Maharashtra and Ors. ….Respondents
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Mr. Sanjaykumar B. Bhosale for the Petitioners in all Petitions.
Ms. Tejas J. Kapre, AGP for Respondent Nos.1 and 2 in Sr. Nos.903, 906.
Mr. S.H. Kankal, , AGP for Respondent Nos.1 and 2 in Sr. No.905.
Mr. Rupesh K. Bobade for Respondent No.3 in all Petitions.
----
CORAM : RAVINDRA V. GHUGE, ACJ.
&
NANDESH S. DESHPANDE, J.
DATE : 10th JULY, 2026
P.C. :-
1. The learned Advocate for the Petitioners places reliance upon
a recent order passed by a Co-ordinate Bench dated 19 th September, 2022
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903, 905 and 906.WP-83-2026.odt
in Writ Petition No.3938 of 2021. He, therefore, submits that, for the
reasons and the conclusions set out in the order dated 19 th September,
2022, these Writ Petitions can also be disposed off.
2. The learned Advocate for the Respondents agree, but with a
caveat that the case of the Petitioners needs be scrutinized by Respondent
Nos.3 and 4 and upon assessing the eligibility of the Petitioners, they
would be granted the benefits within eight weeks from today.
3. In view of the above, these Writ Petitions are partly
allowed. The Respondents/Zilla Parishad are at liberty to verify the cases
of the Petitioners as regards their eligibility for the grant of
advanced/additional increment in the light of the Government Resolution
dated 31st October, 1989. Needless to state, those Petitioners, who are
found to be eligible, would be paid their legal dues within eight weeks
from today. In the event, some of the Petitioners are found to be
ineligible, a reasoned order would be passed in each case setting out the
adverse circumstances and such order shall be served upon each of such
Petitioners within a period of three weeks from the date of the order.
4. We have no hesitation in observing that this Court has always
directed a verification exercise, if not already performed, to be carried out
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903, 905 and 906.WP-83-2026.odt
and based on the entitlement of the individual Petitioners, payments be
granted. As such, even in this matter, let the concerned Respondents conduct
a verification exercise and thereafter make the payments to those
candidates/Petitioners, who are found eligible. This exercise be completed
within eight weeks from today.
5. Needless to state, if any claim of any Petitioner is
invalidated by the State in so far as his entitlement is concerned, a
reasoned order in each of such cases be passed and the said order be
served upon the concerned Petitioner within two weeks from the date of
it’s passing. The Petitioners would then be entitled to challenge the said
order by availing of a remedy, as is permissible in law. Those who are
found entitled under the Government Resolution dated 31 st October, 1989
and were never paid till the date of the Government Resolution dated 24 th
August, 2017, they would be entitled for entire arrears.
(NANDESH S. DESHPANDE, J.) (ACTING CHIEF JUSTICE)
Gauri Gaekwad 3 of 3
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