RENUKADAS UTTAMRAO DEO AND OTHERS v. THE STATE OF MAHARASHTRA AND OTHERS
WP/1092/2022 · 2026-08-06
Shri Ajit B Kadethankar, Shri Kishore C Sant
body2022
DailyLaw.ai
[ 2022 DAILYLAW 2987 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 2987 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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wp1092.22+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 913 WRIT PETITION NO. 1092 OF 2022 RENUKADAS UTTAMRAO DEO AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 9959 OF 2022 GANGADHAR RAIBHAN VIRALE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH THE CHIEF SECRETARY AND OTHERS Mr. V.D. Hon, Sr. Advocate i/b. Mr. A.V. Hon, Advocate for the petitioner in WP No. 1092 of 2022. Mr. A.B. Gaikwad, Advocate for the petitioner in WP No. 9959 of 2022. Mr. R.S. Wani and Mr. S.R. Yadav-Lonikar, AGP for the resapondent-State. Ms. Shital S. Karle h/f. Mr. Anjali Dube, Advocate for respondent nos. 3 and 4 in WP No. 1092 of 2022. Mr. D.N. Suryawanshi, Advocate for respondent No.4. CORAM : KISHORE C. SANT & AJIT B. KADETHANKAR, JJ. DATE : 06.08.2026 PC :-
01. In both these petitions, a common question is raised as regards applicability of 7th Pay Commission to the employees of the respondents. In Writ Petition No. 1092 of 2022 the respondent is 2026:BHC-AUG:34695-DB
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wp1092.22+ Maharashtra State Seeds Corporation Ltd., which is a body corporate established under the Companies Act. In Writ Petition No. 9959 of 2022, the respondent is Maharashtra State Co-operative Marketing Federation Ltd., which is governed under the Cooperative Societies Act. It is grievance of the petitioners that though the Corporation and the Society have made provisions for making 7th Pay Commission applicable from 01.01.2016, it is the Government which has made it applicable from
01.07.2021. The grievance is therefore only about the date of making recommendations of the pay commission applicable. 02. Learned Sr. Counsel Mr. Hon for the petitioners relies upon two orders of this Court i.e. Writ Petition No. 6770 of 2023 and Writ Petitiion No. 12221 of 2024. 03. The only justification offered by the State through AGP is that the Government passed resolution making 7th Pay Commissioner benefits applicable to the Government undertakings, Corporations etc. by resolution dated 04.08.2021, in which the benefits are made applicable from 01.07.2021. He submits that though benefits are applicable to the Corporations, the Corporations can give benefits subject to approval/prior sanction of the Government. He thus submits that when there is specific
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wp1092.22+ date given in the Government Resolution, it is that date which would prevail upon. 04. This Court heard the parties.
There is no dispute that the recommendations of 7th Pay Commission are made applicable from
01.01.2016. In the case of said Corporations, said Corporation has clearly passed a resolution on 20.02.2019 making recommendations applicable to its employees on 01.01.2016. It is thereafter the Government by decision dated 22.10.2021 in the case of Seed Corporation made recommendations applicable from 01.07.2021. It is pointed out that the Seed Corporation as well as Marketing Federation both are running in profit. They have already made provision to make benefits applicable to its employees. No financial burden is coming on the State Government. Under such circumstances, we do not find any logic for not making the benefits applicable from 01.01.2016. 05. We, therefore, allow present petitions holding that the petitioners – employees in both the petitions are entitled to get all the benefits as per 7th Pay Commission recommendations from 01.01.2016. We expect that the arrears of difference in salary be paid to the petitioners within three months from today. ( 4 )
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06. Both the Writ Petitions accordingly stand disposed off. [AJIT B. KADETHANKAR, J.] [KISHORE C. SANT, J.]
snk/2026/Aug26/wp1092.22+