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Bombay High Court

JUNED LAYAQUE SHAIKH AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is allowed, directing Respondent No.3 to pay the salary difference and to quash/modify the approval order dated 03‑03‑2023.

Summary

Juned Layaque Shaikh and others filed a writ petition against the State of Maharashtra seeking payment of the salary difference for the period 1‑10‑2020 to 30‑09‑2023, contending that the honorarium for "shikshan sevak" should not apply because their appointment was on a compassionate basis. The petition challenged the approval order dated 03‑03‑2023 and asked for its quash and modification. The Court observed that the matter had already been decided by a coordinate bench in Writ Petition No.7357/2023, which held that the honorarium was inapplicable in such cases. Accordingly, the Court allowed the petition, directing Respondent No.3 to pay the salary difference ranging from Rs.15,000‑47,600 instead of Rs.1,700 per month and to modify the earlier order. The order was issued by a two‑judge bench of the Bombay High Court, Aurangabad bench.

Issues considered

  • What is the applicability of the honorarium for "shikshan sevak" to employees appointed on a compassionate basis?
  • Whether the approval order dated 03‑03‑2023 should be quashed and modified?
  • Whether Respondent No.3 is liable to pay the salary difference for the period 1‑10‑2020 to 30‑09‑2023?

Subjects

  • salary difference
  • honorarium
  • shikshan sevak
  • compassionate appointment
  • writ of mandamus
  • public service employment
  • order modification

Judgment

2026:BHC-AUG:25954-DB
                                            1                           992.WP.9721.24.odt

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD


                              992 WRIT PETITION NO. 9721 OF 2024

                             JUNED LAYAQUE SHAIKH AND OTHERS

                                                VERSUS

                            THE STATE OF MAHARASHTRA THROUGH
                                  ITS SECRETARY AND OTHERS

                                                ...
                      Advocate for the Petitioners : Mr. Syed Masood Chand
                         AGP for Respondent Nos.1 and 2: Mr. N.S. Tekale
                 Advocate for Respondent No.3 : Adv. V.C. Patil h/f. Mr. U.B. Bondar
                                                …

                                   CORAM          : NITIN B. SURYAWANSHI AND
                                                    ABASAHEB D. SHINDE, JJ.


                                   DATE           : 02.07.2026


             PER COURT:

             .             Issue raised in this petition is squarely covered by the

             decision of the coordinate bench of this Court (Coram: Smt. Vibha

             Kankanwadi and Shri S.G. Chapalgaonkar, JJ.), in Writ Petition

             No.7357/2023, dated 10.05.2024. For the reasons stated in the said

             order, the petition is allowed in terms of prayer Clause ‘B’ which is as

             follows :

                   “B. By Writ of mandamus or any other appropriate Writ,
                   Order or Directions like in the nature, the respondent no.3 be
                   directed to pay difference of salary amount for initial three
                              2                           992.WP.9721.24.odt

      years from 1-10-2020 to 30-09-2023 to the petitioner no.1 i.e.
      15000-47600 instead of Rs.1700 per month, by declaring
      that, honorarium about shikshan sevek is not applicable to the
      petitioner no.1 because his appointment is on compassionate
      basis by quashing Approval order dated 03-03-2023 and
      further directed to modify the order dated 03-03-2023.”




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


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