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2023 DAILYLAW 2836 (BOM)

VIDHYABHARTI SHIKSHAN PRASARAK MANDAL SHIRUR THR ITS SECRETARY AND ORS v. THE STATE OF MAHARASHTRA THR. THE SECRETARY SCHOOL EDUCATION DEPARTMENT AND ORS

WP/13085/2023 · 2026-07-27

Aarti A Sathe, Shri G S Kulkarni

body2023

Judgment text

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13-WP-13048-24 & ORS.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13048 OF 2023 Chhatrapati Shikshan Mandal Thru .Its Surchitnis Shri. Nilesh Shankar Revagade And Ors. ...Petitioners Versus The State Of Maharashtra Trh Thr Secretay School Education And Ors ...Respondents WITH WRIT PETITION NO. 13140 OF 2023 Sagar Education Trust Thr Secretary And Anr ...Petitioners Versus The State Of Maharashtra Thru Thr Secretay School Education And Ors ...Respondents WITH WRIT PETITION NO. 13085 OF 2023 Vidhyabharati Shikshan Prasarak Mandal & Ors. ...Petitioners Versus The State Of Maharashtra Through the Secretary, School Education and ORS ...Respondents _______ Mr. Shaikh Nasir Masih a/w. Mr. Shaikh Saad Amin, for Petitioners. Ms. Kavita N. Solunke, Addl. G.P. for Respondent-State. _______ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE : 27 JULY 2026 Mane JYOTI RAJESH MANE Digitally signed by JYOTI RAJESH MANE Date: 2026.08.03 15:54:57 +0530 13-WP-13048-24 & ORS.DOC P.C. 1. These three writ petitions involve similar reliefs and hence can be conveniently disposed of by this common order. 2. The institutions in which the Petitioners are working differ in each of these petitions. The prayers of Writ Petition No.13048 of 2023 are reproduced below as the lead petition: [A] Writ of Certiorari, Writ of Mandamus or any other appropriate Writ, Order or direction be issued calling for the records and proceedings pertaining to the release of the arrears / salaries of the Petitioner No. 3 and after going through and examining the legalities and proprieties thereof, this Hon'ble High Court be pleased to order and direct the Respondent Nos. 1 to 4 to forthwith release the arrears / salaries of the Petitioner No. 3 from the month of October 2016 onwards as Part Time Asstt. Teacher and also to absorb the Petitioner No. 3 as a Full Time Asstt. Teacher in available post from the academic year 2016-2017 and to release the salaries of the Petitioner No. 3 accordingly; [B] Writ of Certiorari, Writ of Mandamus or any other appropriate Writ, Order or direction be issued calling for the records and proceedings pertaining to the release of the salaries of the Petitioner No. 3 and after going through and examining the legalities and proprieties thereof, this Hon'ble High Court be pleased to quash and set aside the letter dated 20.02.2023, issued by Respondent No. 4 with further direction to forthwith release all the arrears of the salaries of the Petitioner No. 3 with accruable interest there upon and also to release the regular salaries of the Petitioner No. 3 month to month; [C] pending the hearing and final disposal of the Petition, this Hon'ble High Court be pleased to order and direct the Respondent Nos. 1 to 5 to forthwith release the arrears and salaries of Petitioner No. 3, which are arbitrarily withheld and be pleased to further order and direct the Respondent Nos. 1 to 5 to deposit and continue to deposit the salaries of the Petitioner No. 3 in her salary account, in as much as Shalarth ID is already granted; 3. The principal grievance of the Petitioners in these petitions is that their salaries have not been released from October 2016 onwards and continue to remain unpaid till date. The Petitioners have also raised a grievance that their cases for appointment/approval as full-time Assistant Teachers against the available sanctioned posts have not been considered by the Respondents. 4. Similar petitions seeking substantially identical reliefs had earlier come up for consideration before a co-ordinate bench of this Court. By an order dated 17th Mane 13-WP-13048-24 & ORS.DOC December 2021 passed in Honmane t. Mahadeo vs. State of Maharashtra & Ors1 along with connected petitions, the State Government was directed to release the amounts payable to the petitioners therein in compliance with the orders dated 31st October 2018, 23rd March 2021, and 26th November 2021, within a period of six weeks from the date of the said order. The relevant portion of the order reads thus: 1. Pursuant to the order dated 26th November, 2021 passed by this Court observing that the respondent nos. 6 and 7 are admittedly not complying with the order dated 23rd March, 2021 and granting time to the learned AGP to take instructions as to whether the petitioners in this case are entitled to payment on the line of the directions issued by this Court on 31 October, 2018 in Writ Petition No.1183 of 2018 on the next date, learned AGP tenders the affidavit of Mr.Sandeep Sangave, Deputy Director of Education, Mumbai Region, Mumbai affirmed on 15th December, 2021 stating that the Education Officer from Thane and Phalghar have complied with the order and the directions issued by this Court on 31 October, 2018 and have already released the payment of salary of the part time teachers. 2. In paragraph 7 of the said affidavit, it is stated that the petitioners in these petitions are also identical part time teachers as of the petitioners in that matter. Those petitioners are getting their salaries at present working with their respective schools. 3. Learned counsel for the petitioners states that these petitioners however are not paid salary since 2016 till date. Statement is accepted. 4. Learned counsel for the parties jointly state that the payment of salary to these petitioners have to be made in line with the salary payable as per judgment dated 31 October, 2018. The State Government is directed to pay the amount due to these petitioners in line with order dated 31 October, 2018 and in compliance with the order dated 26th November, 2021 within six weeks from today, without fail for the balance period which remained unpaid. 5. If any bills are required to be sent by the Management, the same shall be sent within one week from today. It is made clear that no further extension of time would be granted to release these payments. It is made clear that if the order is not complied with within the time stipulated, this Court will initiate an action under the provisions of the Contempt of Courts Act against the concerned officer. 6. Place the matters on board for reporting compliance on 3rd February, 2022. (emphasis supplied) 5. Learned counsel appearing for the Petitioners as well as the Respondents are ad idem that the relief granted by the co-ordinate bench of this 1 Writ Petition No. 12610 of 2018 Mane 13-WP-13048-24 & ORS.DOC Court in Honmane Mahadeo (supra) by order dated 17th December 2021 would squarely govern the facts of the present case. Accordingly, following the said decision, we direct the State Government to release and pay the unpaid salaries due to the Petitioners in the above three petitions for the balance period commencing from October 2016 within a period of six weeks from today, without fail. 6. If any bills are required to be sent by the Management, the same shall be sent within 10 days from today. It is made clear that no further extension of time would be granted to release these payments. It is made clear that if the order is not complied with within the time stipulated, this Court will initiate an action under the provisions of the Contempt of Courts Act against the concerned officer. 7. All the three Writ Petitions are disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Mane