Maroti Babarao Ghenekar and Ors. v. the State of Maharashtra, through Its Secretary, Mantralaya, Mumbai and Ors.
Case brief
What is this about?
Disability certificate re-verification and re-assessment of serving PwD employees; UDID card validity; RPwD Act 2016 Sections 2(r), 2(s), 34, 56, 57, 91, 102; Maharashtra State RPwD Rules 2024 Rule 8; Maharashtra Zilla Parishad Conduct/Discipline-and-Appeal Rules; benchmark disability 40% threshold; moral turpitude and fraud in public employment; compulsory retirement after departmental enquiry; Swavlamban portal; BERA/hearing impairment testing; followed Ravindra Kumar Sharma (2016) 4 SCC 791; applied Jagdish Balaram Bahira (2017) 8 SCC 670; agreed with Ram Prakash Kharlwa (Rajasthan HC, SB Civil WP 15370/2025); Article 14 non-arbitrariness; one-time medical re-examination with special Medical Boards; 120-day completion timeline; Writ Petition No.4325 of 2026 batch, Bombay High Court, decided 06.05.2026.
What did the court decide?
All Writ Petitions partly allowed: impugned suspension orders, stoppage of salaries, directions to register FIRs, cancellations of approvals/Shalarth IDs, disciplinary orders and transfers issued during the re-verification/re-assessment exercise quashed and set aside, subject to the Paragraph 97 category-wise framework regulating post-reassessment action; the one-time re-assessment before specially constituted Medical Boards approved, to be completed within 120 days; Section 91 action not approved for the present cases but left available for future cases; pending Interim Applications disposed of.