SHRIKRISHNA SEVAKRAM IDHOL AND OTHERS. v. THE STATE OF MAHA., THR. ITS SECY. GENERAL ADMINISTRATION DEPT. AND ORS.
WP/8422/2026 · 2026-10-13
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18339 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18339 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
109.WP.8422.2026 & Anr. 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 8422 OF 2026 Shrikrishna Sevakram Idhol & Ors. Vs. The State of Maharashtra & Ors. WITH WRIT PETITION NO. 8424 OF 2026 Uttam Gulabrao Anerao & Ors. Vs. The State of Maharashtra & Ors. ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Mr. Krishna Agrawal, Advocate h/f. Mr. S.B. Sontakke, Advocate for the Petitioners. Ms. S.S. Jachak, Addl. G.P. for the Respondents/State in WP No.8422/2026. Mr. V.A. Thakare, AGP for the Respondents/State in WP No. 8424/2026. -------------------------------
CORAM : URMILA JOSHI-PHALKE AND R
AJ D.
WAKODE
, JJ.
DATE : 13.10.2026 Heard the learned counsel for the petitioners.
2. The petitioners have approached this Court praying for following reliefs:
“(A) Writ Petition may kindly be allowed. (B) By issuing writ of Mandamus or any appropriate writ,
order or direction in like nature, to direct the respondents to grant the Advance Increments for excellent work and re-fix the pay-scale of petitioners thereby including additional increments for the period 2009 to 2017 in view of the orders of this Hon’ble Court in Writ Petition no. 9591/2019 dated
06.09.2022. (C) By issuing writ of mandamus or any other appropriate writ, order or direction in like nature. The respondents may be directed to, not to give effect of Government Resolution dated 24.08.2017 while granting benefits of Advance Increments to petitioners and thereby to grant all consequential benefits to the petitioners by fixing reformative 2026:BHC-NAG:13791-DB
109.WP.8422.2026 & Anr. 2/4 sixth pay scales and for that purpose issue necessary direction or order to the respondents. (D) To grant any other suitable relief in favour of the petitioners and entitled by them as per the law.”
3.
Learned counsel for the petitioners submits that the issue involved in the present writ petition is no longer res integra, as the same issue has been decided by the Co-ordinate Bench of this Court at Aurangabad vide judgment dated 6th September, 2022, passed in Writ Petition No. 9591 of 2019 and other connected matters. A copy of the aforesaid judgment is placed on record.
4.
Learned counsel further submits that the Co-ordinate Bench of this Court at Principal Seat, vide order dated 2nd April, 2026, passed in Writ Petition No. 4150 of 2026 and other connected matters, has also dealt with the same issue in petitions filed by similarly situated petitioners. The relevant paragraphs of the said order read thus:
“4. In view of the above, all these Writ Petitions are 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 Resolution dated 14th December, 2006. 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 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. 109.WP.8422.2026 & Anr. 3/4
5. 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 day. 6. Needless to state, if any claim of any Petitioner is invalidated by the State in so far as his 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.”
5.
This Court has specifically observed that the verification exercise, in accordance with the applicable law, if not already undertaken, is required to be carried out by the respondent authorities and that, based on the outcome of such verification, payments shall be released if the individual petitioners are found entitled thereto. 6. In our considered opinion, the aforesaid directions issued by the Principal Seat of this Court are applicable to the present cases, as the verification exercise has not yet been undertaken by the respondent authorities. We, therefore, find no reason to adopt a different course of action. 109.WP.8422.2026 & Anr. 4/4
7. Accordingly, we dispose of the present writ petitions in terms of the directions issued in paragraphs 4, 5 and 6 of the
order dated 2nd April, 2026, passed by the Principal Seat of this Court in Writ Petition No. 4150 of 2026 and connected matters.
8. The writ petitions are accordingly disposed of. No order as to costs.
(RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 14/10/2026 12:23:13