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2026 DAILYLAW 13892 (BOM)

NILESH PANDITRAO SOMWANSHI AND OTHERS v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

WP/12664/2026 · 2026-09-28

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Judgment text

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{1} WP-12664-2026 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 66 WRIT PETITION NO. 12664 OF 2026 Nilesh Panditrao Somwanshi And Others VERSUS The State Of Maharashtra And Others ... Mr. Estling S. Murge, Advocate for the Petitioners Ms. Neha Kamble, AGP for the State Mr. P.D. Suryawanshi, Advocate for Respondent No. 2 and 3 ....... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 28th SEPTEMBER, 2026 PER COURT : 1. Indisputably, the issue raised in this petition is squarely covered by the decision of this Court (Coram : Ravindra V. Ghuge and Abhay J. Mantri, JJ.) in Writ Petition No.4150/2026 and connected matter, dated 02.04.2026. 2. For the reasons stated in the said decision, we pass the following order : (i) The Writ Petition is partly allowed. The Respondents/ State is at liberty to verify the cases of the Petitioners as regards their eligibility for the grant of advanced/additional increment in the light of the Government Resolutions dated 14th December, 2006 and 31st October, 1989. Needless to state, those Petitioners, who are found to be eligible, would be paid their legal dues within eight weeks from today. In the event, some of the Petitioners are found to be ineligible, a reasoned order would be passed 2026:BHC-AUG:44340-DB {2} WP-12664-2026 in each case setting out the adverse circumstances and such order shall be served upon each of such Petitioners within a period of three weeks from the date of the order. (ii) We have no hesitation in observing that this Court has always directed a verification exercise, if not already performed, to be carried out and based on the entitlement of the individual Petitioners, payments be granted. As such, even in this matter, let the concerned Respondents conduct a verification exercise and thereafter make the payments to those candidates/Petitioners, who are found eligible. This exercise be completed within eight weeks from today. (iii) Needless to state, if any claim of any Petitioners is invalidated by the State in so far as their entitlement is concerned, a reasoned order in each of such cases be passed and the said order be served upon the concerned Petitioner within three weeks from the date of it’s passing. The Petitioners would then be entitled to challenge the said order by availing of a remedy, as is permissible in law. Those who are found entitled under the Government Resolution dated 14th December, 2006 and were never paid till the date of the Government Resolution dated 24th August, 2017, they would be entitled for entire arrears. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Bhagyawant Punde