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.

Case disposed Next hearing 17-Jan-2018

CNR: HCBM030328412017

Filing Number

WP/26807/2017

Filing Date

09-Aug-2017

Registration No

WP/644/2018

Registration Date

16-Jan-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

07-May-2026

Nature of Disposal

Contested--DISPOSED OFF

Last updated 15-Jun-2026

Acts & Sections

Constitution of India
Mah.zp & Panchayat Samities Act 1961

Petitioner(s)

  1. 1.DHANSING SAHADU BAVISKAR

    Adv. Patil Vinod Prakash

Respondent(s)

  1. 1.THE STATE OF MAHARASHTRA AND OTHERS

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

Case History

  1. Case disposedDisposed

  2. 07-May-2026

    Hon'ble Shri Justice Kishore C. Sant,hon'ble Shri Justice Sushil M. GhodeswarView PDF

    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.

  3. 07-May-2026

    Due Admission CIVIL

    Hon'ble Shri Justice Kishore C. Sant , Hon'ble Shri Justice Sushil M. Ghodeswar

  4. 09-Apr-2026

    Due Admission CIVIL

    Hon'ble Shri Justice Kishore C. Sant , Hon'ble Shri Justice Sushil M. Ghodeswar

  5. 24-Mar-2026

    Hon'ble Shri Justice Kishore C. Sant,hon'ble Shri Justice Sushil M. GhodeswarView PDF

  6. 24-Mar-2026

    Hon'ble Shri Justice Kishore C. Sant,hon'ble Shri Justice Sushil M. GhodeswarView PDF

  7. 24-Mar-2026

    Due Admission CIVIL

    Hon'ble Shri Justice Kishore C. Sant , Hon'ble Shri Justice Sushil M. Ghodeswar

  8. 23-Apr-2020

    Due Admission -CIVIL

    According To Sitting List

  9. 17-Jan-2018

    Hon'ble Shri Justice S.S. Shinde,hon'ble Shri Justice S. M. GavhaneView PDF

  10. 17-Jan-2018

    First hearing

    Initial hearing scheduled

  11. 09-Aug-2017

    Case filed

    Registration No. WP/644/2018

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.

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