AMOL ATTMARAM HAMANE v. STATE OF MAHARASHTRA, THR. SECRETARY, DEPT. OF PUBLIC HEALTH OFFICER, MUMBAI AND ORS.
WP/817/2025 · 2026-09-21
Civil Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 9149 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9149 (BOM) · dailylaw.ai ]
Judgment text
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1 wp 817.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO. 817 OF 2025 ( Amol Attmaram Hamane ..vs.. State of Maharashtra, through its Secretary, Department of Public Health Officer, Mumbai and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.F. Bankar, Counsel h/f. Mr. P.A. Kulkarni, Counsel for the petitioner, Mr. S.B. Bissa, A.G.P. for respondent Nos. 1 to 4. CORAM : ANIL L. PANSARE & NIVEDITA P. MEHTA, JJ. DATED : 21 st SEPTEMBER, 2026
The prayer is to direct the respondents to pay the petitioner as per the minimum pay-scale at the lowest grade in the regular pay-scale extended to the regular employees holding the same post. 2. During the course of hearing, the question was raised as to whether the minimum pay-scale at the lowest grade will include the Grade Pay and Dearness Allowance. 3. The Hon’ble Supreme Court in the case of Tej Singh & Ors. v. Sarvesh Kaushal & Anr. (Contempt Petition (C) Nos. 699-700 of 2015 in Civil Appeal Nos.
2782-2783 of 2015), while dealing with similar such issues, has held as under :
“After hearing learned counsel for the parties, we are of the opinion that the expression “minimum of the pay” mentioned in paragraph 22 is intended to mean not only the basic pay + grade pay, but also the dearness allowance that comes along with the basic pay and grade pay…….”
4. That being so, we do not find any reason why should the respondents not pay the minimum pay-scale as prayed for by the
2 wp 817.25 petitioner. The petition is accordingly allowed in terms of above. Necessary benefits be extended as expeditiously as possible. 5. The petition is disposed of accordingly. (Nivedita P. Mehta, J.) (Anil L. Pansare, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: Senior Pvt. Secretary Date: 21/09/2026 14:44:31