DHANSING SAHADU BAVISKAR vs THE STATE OF MAHARASHTRA AND OTHERS — WP/644/2018

Case under Constitution of India. Disposed: Contested--DISPOSED OFF on 07th May 2026.

CNR: HCBM030328412017

CASE DISPOSED

Next Hearing

17th January 2018

Filing Number

WP/26807/2017

Filing Date

09-08-2017

Registration No

WP/644/2018

Registration Date

16-01-2018

Judge

HON'BLE SHRI JUSTICE KISHORE C. SANT , HON'BLE SHRI JUSTICE SUSHIL M. GHODESWAR

Coram

HON'BLE SHRI JUSTICE KISHORE C. SANT , HON'BLE SHRI JUSTICE SUSHIL M. GHODESWAR

Bench Type

Division

Judicial Branch

Civil

Decision Date

07th May 2026

Nature of Disposal

Contested--DISPOSED OFF

Acts & Sections

Constitution of India
Mah.zp & Panchayat Samities Act 1961

Petitioner(s)

DHANSING SAHADU BAVISKAR

Adv. Patil Vinod Prakash

Respondent(s)

THE STATE OF MAHARASHTRA AND OTHERS

Adv. GP FOR R.1 TO 3,R.4 TO 6 SERVED,CHAUDHARY N. S. 1123

Hearing History

Judge: HON'BLE SHRI JUSTICE KISHORE C. SANT , HON'BLE SHRI JUSTICE SUSHIL M. GHODESWAR

17-01-2018

URGENT CIRCULATION - CIVIL

23-04-2020

DUE ADMISSION -CIVIL

07-05-2026

DUE ADMISSION CIVIL

09-04-2026

DUE ADMISSION CIVIL

24-03-2026

DUE ADMISSION CIVIL

Orders

07-05-2026
HON'BLE SHRI JUSTICE KISHORE C. SANT,HON'BLE SHRI JUSTICE SUSHIL M. GHODESWAR

The High Court of Bombay at Aurangabad allowed the petition and quashed the recovery order against Dhansing Baviskar, a retired primary teacher who was directed to repay excess salary allegedly paid due to incorrect pay fixation. The court held that since the petitioner was not at fault for the overpayment—the Zilla Parishad itself had fixed his salary and granted increments—recovery could not be enforced without due process, citing constitutional mandates on equality and livelihood protection. However, the court rejected his claims for ACPS benefits and deemed trained teacher status, as he failed to complete the mandatory D.Ed. qualification within the stipulated five years, and permitted authorities to fix his pension according to his actual eligibility. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The High Court of Bombay at Aurangabad allowed the petition and quashed the recovery order against Dhansing Baviskar, a retired primary teacher who was directed to repay excess salary allegedly paid due to incorrect pay fixation. The court held that since the petitioner was not at fault for the overpayment—the Zilla Parishad itself had fixed his salary and granted increments—recovery could not be enforced without due process, citing constitutional mandates on equality and livelihood protection. However, the court rejected his claims for ACPS benefits and deemed trained teacher status, as he failed to complete the mandatory D.Ed. qualification within the stipulated five years, and permitted authorities to fix his pension according to his actual eligibility. This case analysis is maintained by casestatus.in based on publicly available court records.

Browse Related Cases

Explore other courts

Search Another Case