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
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
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
URGENT CIRCULATION - CIVIL
DUE ADMISSION -CIVIL
DUE ADMISSION CIVIL
DUE ADMISSION CIVIL
DUE ADMISSION CIVIL
| Date | Purpose |
|---|---|
| 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
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.
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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