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2025 DAILYLAW 73078 (BOM)

BABY JALINDAR AWATE ALIAS KIRAN SHRIKRUSHNA DAHIHANDE v. THE STATE OF MAHARAHSTRA THROU ITS SEC. FINANCE DEPT AND ORS

WP/16429/2024 · 2025-12-09

Shri Ajit B Kadethankar, Shri M S Karnik

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Judgment text

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15 Wp-16429-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16429 OF 2024 Baby Jalindar Awate. ...Petitioner. Versus The State of Maharashtra and Others. ...Respondents. —————— Mr. Arvind G. Ambetkar and Surekha H. Kamble for the Petitioner. Mr. Umesh Kurund (thr.V.C.) Mr. S. B. Kalel, AGP for the Respondent-State. —————— Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : December 9, 2025. P. C. : 1. Heard learned Counsel for the Petitioner. 2. Learned AGP seeks time to take instructions and ile aidavit-in- reply. However, we prima facie ind that present petition is squarely covered by the decision of this Court in Nilesh Namdev Gurav v. State of Maharashtra1. 3. The Petitioner, by this petition, has prayed for a direction to the Respondent-Authorities to consider the previous service of Petitioner as part-time from 10th June 1998 to 14th June 2020 for granting service beneits of full-time post including the yearly increment, higher pay scale and allowance as per the government policy. Accordingly, the Petitioner has prayed for a direction to the Respondents to count 50% 1 2022(3) Mh.L.J. 615. Patil-SR 1 of 3 15 Wp-16429-2024.doc service as part-time or consider 2 years part-time service as 1 year full- time service while granting service beneits to the Petitioner on full- time post. Further declaration is sought that the Petitioner is entitled to receive beneits under the Old Pension Scheme, i.e., Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Commutation of Pension) Rules, 1984 and General Provident Fund scheme and other pensionary beneits by considering her initial date of appointment, i.e. 26th August 1997. 4. As indicated earlier, the facts as we notice are squarely covered by the decision of this Court in Nilesh Namdev Gurav v. State of Maharashtra (supra). We ind that the Petitioner has made a representation dated 1st February 2023 to Respondent No.3 seeking appropriate reliefs as also a direction to decide the proposal for pay ixation dated 24th April 2023 submitted by the Respondent No. 6 to the Respondent No.4. 5. Considering multiple nature of reliefs, we ind it appropriate to direct the Respondent No.3 to decide the representation dated 1st February 2023, copy of which is at Exhibit-“F” to the petition as expeditiously as possible and in any case within a period of six weeks from the date of communication of this order in the light of the decision of this Court in Nilesh Namdev Gurav v. State of Maharashtra (supra). Ordered accordingly. Patil-SR 2 of 3 15 Wp-16429-2024.doc 6. Further, the Respondent No. 4 is directed to decide the proposal for pay ixation dated 24th April 2023, copy of which is at Exhibit-“G” to the petition, as submitted by Respondent No.6 within a period of six weeks from the date of communication of this order, if necessary after hearing the Petitioner. 7. With these directions, petition is disposed of. [Ajit B. Kadethankar, J.] [M. S. Karnik, J.] Patil-SR 3 of 3