Disposed¶29

Sharad Motiram Desai and Ors. v. State of Maharashtra and Ors.

Bombay HC6 Oct 2025WP/8377/2022

Case brief

AI extract

What is this about?

Advance increments; Sixth Pay Scale; State policy dated 11.02.1974 and 31.10.1989; Circular dated 03.07.2009; G.R. dated 24.08.2017; refund of recovery; Zilla Parishad Kolhapur; Chief Executive Officer revised order dated 11.09.2025; similarly situated employees; Writ Petition (St.) No. 532 of 2021; Appasaheb Mali; Uday J. Godave; SLP dismissed by Supreme Court; compliance within 16 weeks; Bombay High Court Circuit Bench at Kolhapur; Writ Petition No. 8377 of 2022.

What did the court decide?

Direction that, in terms of the revised order dated 11th September 2025 issued by the Chief Executive Officer of the Zilla Parishad, Kolhapur, the Petitioners' case be processed for grant of advance increments and the benefits thereon within 16 weeks from communication of the order. ¶29

Sharad Motiram Desai and Ors. Vs State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioners, being similarly situated to the Petitioners in Writ Petition (St.) No. 532 of 2021, are entitled to have their case processed for grant of advance increments and benefits thereon in terms of the revised order dated 11th September 2025 issued by the Chief Executive Officer, Zilla Parishad, Kolhapur.

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Court's answer

The Petitioners' case is squarely covered by the decision of this Court in Shri Appasaheb M. Mali & Ors. Vs. State of Maharashtra & Ors.

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Ratio / Principle

The Petitioners are similarly situated as the Petitioners in Writ Petition (St.) No. 532 of 2021 and are covered by the revised order dated 11th September 2025 issued by the Chief Executive Officer, Zilla Parishad, Kolhapur.

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Key takeaways

In terms of the revised order dated 11th September 2025 issued by the Chief Executive Officer of the Zilla Parishad, Kolhapur, the Petitioners' case shall be processed for grant of advance increments and the benefits thereon within a period of 16 weeks from the date of communication of the present order.ratio¶28

Detailed headnote1 paragraphs

Writ Petition (No. 8377 of 2022, Bombay High Court, Circuit Bench at Kolhapur; Karnik & Deshmukh, JJ.; decided 6th October 2025) disposed of. The Court held the Petitioners' case squarely covered by its decision in Shri Appasaheb M. Mali & Ors. Vs. State of Maharashtra & Ors. (Writ Petition (St.) No. 3532 of 2021, dated 24th March 2021), wherein directions were issued to accord advance increments per State policy dated 11th February 1974 and 31st October 1989 in the revised Sixth Pay Scale without giving effect to Circular dated 3rd July 2009 and G.R. dated 24th August 2017, and to refund any recovery made; the State's S.L.P. against that order was dismissed by the Supreme Court, whereafter the Chief Executive Officer, Zilla Parishad, Kolhapur issued a revised order dated 11th September 2025 covering the Petitioners in Writ Petition (St.) No. 532 of 2021. Finding the present Petitioners similarly situated, the Court directed that their case be processed for grant of advance increments and benefits thereon in terms of the revised order within 16 weeks from communication of the order.

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36-Wp-8377-2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 8377 OF 2022

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Sharad Motiram Desai & Ors. … Petitioners Versus The State of Maharashtra & Ors. … Respondents

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Mr. Dheeraj Patil for the Petitioners. Mr. A.A. Naik, A.G.P. for the Respondent Nos.1 to 3-State.

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——————

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Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ. Date : 6^th October 2025.

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P. C. :

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1. Heard learned counsel for the Petitioners and the learned A.G.P. for the Respondent Nos.1 to 3-State.

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2. The Petitioner’s case is squarely covered by the decision of this Court in the case of Shri Appasaheb M. Mali & Ors. Vs. State of Maharashtra & Ors.¹ . In para No.17 of the said decision, this Court has issued following directions :

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1 Writ Petition (St.) No. 3532 of 2021, dated 24^th March 2021

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“17. It is observed that the issue of challenge to Circular dated 3^rd July, 2009 and G. R. dated 24^th August, 2017 issued by Respondent No.1 – State Government in this Petition, having already been decided by this Court in the case of Uday J. Godave (supra) as well as the other decisions of this Court referred to above. Being in respectful agreement with the same, the Petitioners being similarly placed, we pass the following order:-

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(a) Respondents are directed to accord the benefit of advance increments granted to the Petitioners as per the policy of the Respondent-State dated 11^th February, 1974 and 31^st October, 1989 in the revised Sixth Pay Scale without giving any effect of subsequent Circular dated 3^rd July, 2009 and G. R. dated 24^th August, 2017.

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(b) Recovery, if any, made pursuant to the Circular dated 3^rd July, 2009 or G. R. dated 24^th August, 2017 from the Petitioners shall be refunded to them.

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(d) No order as to costs.”

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3. The order dated 24^th March 2021 was challenged by the State Government before the Hon’ble Supreme Court by way of S.L.P., which came to be dismissed. The Chief Executive Officer therefore came out with the revised order dated 11^th September 2025 indicating that necessary action be taken by the Zilla Parishad, Kolhapur in terms of

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what is contained in the revised order dated 11^th September 2025.

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4. The Petitioners are similarly situated as the Petitioners in Writ

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Petition (St.) No. 532 of 2021, who are covered by the revised order dated 11^th September 2025 issued by the Chief Executive Officer, Zilla Parishad, Kolhapur.

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5. We accordingly direct that in terms of the revised order dated 11^th September 2025 issued by the Chief Executive Officer of the Zilla Parishad, Kolhapur, even the Petitioners case be processed for grant of advance increments and the benefits thereon within a period of 16 weeks from the date of communication of the present order.

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6. Petition is disposed off in the above terms.

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[ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ]

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Digitally signed by OMKAR SHIVAHAR OMKAR KUMBHAKARN SHIVAHAR KUMBHAKARN Date: 2025.10.06 20:46:32 +0530

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Sharad Motiram Desai and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sharad Motiram Desai and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

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What the court decided

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