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.)
habeeb/
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