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2026 DAILYLAW 14965 (BOM)

HANUMAN S/O AMBADAS ROKADE v. STATE OF MAHA., THR. SECY., DEPT. OF SOCIAL JUSTICE AND SPECIAL ASSISTANCE, MUMBAI AND ORS.

WP/451/2023 · 2026-10-06

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Judgment text

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(1) 10-WP-451-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 451/2023 HANUMANT S/O AMBADAS ROKADE VS STATE OF MAHA., THR. SECY., DEPT. OF SOCIAL JUSTICE AND SPECIAL ASSISTANCE, MUMBAI AND ORS. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. S.W. Deshpande, Advocate for the Petitioner (s). Mr. N.R. Patil, AGP, for the Respondent Nos. 1 to 3. CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : OCTOBER 06, 2026. 1. Heard. 2. The challenge is to the order dated 20.07.2018, by which, the petitioner’s pay has been fixed for the Senior/Selection Grade. For the purpose of fixation of the Senior/Selection Grade, the petitioner’s date of appointment has been considered as 09.08.2004. 3. The argument is that the petitioner was appointed as a Special Teacher with effect from 18.06.1996 and therefore, is entitled for 12/24 years time bound promotion with effect from 09.08.2004. He was appointed as Special Teacher at Prallhad Apang Vidhya Mandir, Partur, District Jalna, run by Muk Badhir Vidyalaya, Partur, District Jalana. The petitioner’s appointment was cancelled with effect from 03.05.1999 on account of not acquiring the DSC Course from recognised institute. Thereafter, in terms of the order dated 02.08.2004 passed by the Commissioner of Persons with Disabilities, Pune, the petitioner, on 09.08.2004, joined the services at Deaf and Dumb School, Shankar Nagar, Nagpur. 4. The record indicates that his services for the period from 18.06.1996 till 01.06.2004 were notionally considered for fixing basic pay to be paid with effect from 09.08.2004 (Annexure 4). The document further indicates that this period was to be considered only Kartikeya 2026:BHC-NAG:13317-DB (2) 10-WP-451-2023 for fixation of the basic pay and for extending benefit of pension. Thus, the notional increment has been considered for the period from 1996 till 2004. Accordingly, the petitioner’s appointment in the new establishment has been considered with effect from 09.08.2004. 5. In view thereof, there arises no question of granting 12/24 years' time-bound promotion with effect from 18.06.1996, the date on which the petitioner joined his earlier services. There is, thus, no merit in the petition. The petition is, accordingly, dismissed. (JUDGE) (JUDGE) Kartikeya