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2025 DAILYLAW 4073 (BOM)

VISHAL S/O SURESH JUMDE AND ORS. v. THE STATE OF MAHA. THR. ITS SEC. DIVYANG KALYAN VIBHAG AND ORS.

WP/4367/2025 · 2026-09-02

body2025

Judgment text

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Order wp 4367.2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 4367 of 2025 [Vishal s/o Suresh Jumde and ors. vs. The State of Maharashtra through its Secretary, Divyang Kalyan Vibhag and ors.] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders. --------------------------------------------------------------------------------------------------------------------------------- Mr. R. S. Parsodkar, Advocate for the petitioners Mr. N. R. Patil, AGP for the State/respondent nos. 1 to 4 and 6 CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : 02-09-2026. learned Counsel for the petitioners submits that the issue involved in petition is covered by judgments in (i) Jai Malhar Shikshan Prasarak Mandal V/s. The State of Maharashtra and others in Writ Petition No. 1775/2021 and (ii) Shri Dipak Bhaskar Muthal and others V/s. The State of Maharashtra and others in Writ Petition No. 7363/2023 with connected matter. 2. Learned Assistant Government Pleader (AGP) submits that the State Government has challenged the judgment passed in Jai Malhar Shikshan Prasarak Mandal’s case. So far as Shri Dipak Bhaskar Muthal’s case is concerned, the process to challenge the judgment is in progress. 3. Admittedly, there is no stay to the judgment passed in Jai Malhar Shikshan Prasarak Mandal’s case. 2026:BHC-NAG:11551-DB Order wp 4367.2025.odt 2 Secondly, the decision taken in Shri Dipak Bhaskar Muthal’s case remain unchallenged. In Shri Dipak Bhaskar Muthal’s case, the State Government conceded that the issue involved is covered by the decision of Jai Malhar Shikshan Prasarak Mandal’s case. Accordingly, said petition was allowed. 4. That being so, since the law laid down in Jai Malhar Shikshan Prasarak Mandal’s case is governing the field and since there is no stay to the said judgment, we adopt similar course as has been done by us in the case of Ravindra Vasantrao Taiwade and others Vs. The State of Maharashtra and others in Writ Petition No. 5525/2025. Accordingly and for the reasons set out in the cases of Jai Malhar Shikshan Prasarak Mandal and Shri Dipak Bhaskar Muthal, writ petition is partly allowed. 5. Government Resolution dated 6-11-2018 is set aside to the extent of petitioners only. 6. As regards payment of salary to the petitioners from 8-4-2025, the respondent no. 3 shall take decision as expeditiously as possible. 7. Writ petition is disposed of in terms of above. (JUDGE) (JUDGE) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 02/09/2026 17:21:07