CP/519/2026 of ASHA MAHESH LOKHANDE Vs The State of Maharashtra on 14 October 2026

1. The present contempt petition alleges breach of the order dated 07 April 2026 passed by the co-ordinate Bench of this Court in the writ petition. The relevant extracts of the said order, compliance on the part of the State Government with which is alleged to have been breached, read thus:- “14. When these Petitioners were undisputedly entitled to the salary grants benefits as like others and should have got these benefits from 1st November, 2020, a mistake out of inadvertence committed by the concerned Department, should not operate to the disadvantage of the Petitioners. It is in this backdrop that the Petitioners have set out their prayers below paragraph 15 (a), (b), (c) and (d), which read as under:- (a) This Hon'ble Court be pleased to exercise the jurisdiction vested in it under Art 226 of Constitution of India and issue a writ of mandamus or any other appropriate directions/writ/order whereby directing the Respondent No. 1 to 4 to grant further increase of 20% grant to the Petitioners w.e.f. 01.11.2020 in pursuant to GR dated 15.02.2021 (At Ex-D).

(b) This Hon'ble Court be pleased to exercise the jurisdiction vested in it under Art 226 of Constitution of India and issue a writ of mandamus or any other appropriate directions/writ/order whereby directing the Respondent No. 1 to 4 to grant further increase of 20% grant to the Petitioners w.e.f. 01.01.2023 in pursuant to GR dated 06.02.2023 (At Ex-E) thus in all totaling to 60% grant.

(c) This Hon'ble Court be pleased to exercise the jurisdiction vested in it under Art 226 of Constitution of India and issue a writ of mandamus or any other appropriate directions/writ/order to the Respondent No-1 to 4 to pay the back wages of salary of Petitioners @ the annual interest of 9% p.a. for the default on the part of Respondent No-1 to 4.

(d) Cost of the Petition be provided to the Petitioners for the default on the part of Respondent No-01 to 02 who had not only caused harassment and litigation expenditure on the part of Petitioners but also the wasted the precious time of this Hon'ble Court deciding the aforesaid issue.

15. Taking into account the above undisputed facts and there being no justifiable reason as to why the Petitioners should not be treated at par with all those candidates, looking at Serial Nos. 115 and 132 of the Government Resolution dated 1st July, 2016, we find it appropriate to accept the prayers of the Petitioners and grant them those benefits which they would have been normally entitled to, had the State Government not committed any mistake. The prayers set out by the Petitioners are in the light of the cause of action as on 10 th April, 2023. Today, all identically placed employees have reached the stage of 80% salary grants and the Petitioners would, therefore, be entitled to the same. Hence, this Petition is allowed in terms of prayer clause (a) and (b).”

2. Learned AGP has placed on record the Government Resolution dated 13 October 2026, whereby grant-in-aid has been sanctioned to the respondent- institution in respect of 1st to 7th standard. The petitioners, as well as the other eligible persons, including those who have retired, would also be entitled to the benefits under the said Government Resolution. A copy of the Government Resolution is taken on record and marked “X” for identification. In the event the petitioners or the management has any grievance in respect of any of the clauses of the Government Resolution, all contentions of the parties in that regard are expressly kept open.

3. In view of the issuance of the Government Resolution dated 13 October 2026 by the State Government, we do not find any intentional disobedience of the order which is the subject matter of the present proceedings. We are, therefore, not inclined to proceed further with the contempt proceedings.

4. The contempt petition is accordingly disposed of, keeping open all contentions of the parties in respect of the Government Resolution dated 13 October 2026. No costs.

5. At this stage, learned counsel for the petitioners submits that, as the said Government Resolution does not prescribe any time limit for the release of the grant-in-aid, appropriate steps are required to be taken by the State Government in that regard. The State Government shall take appropriate steps to release the grant-in-aid within eight weeks from today. (Dr. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)