12 wp 10959-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7363 OF 2023 Shri. Dipak Bhaskar Muthal And Ors VERSUS The State Of Maharashtra Thru Secretary Social Justice And Special Assi. Dept. And Ors WITH WRIT PETITION NO. 10959 OF 2024 Navoday Adarsh Gramin Vikas Mandal Throu. Its President Sharad Vitthal Ukirde VERSUS The State Of Maha Thr. Secretary Social Justice And Social Assistance Department, Other Backward Class And Ors ... Mr. Narendra V. Bandiwadekar, Senior Advocate a/w Mr. Sagar Mane, Advocate for the Petitioner in WP 10959/2024. Mr. Abhijit Kulkarni, Advocate a/w Mr. Abhay Jadhavar, Advocate a/w Mr. Rutik Kashid, Advocate for the Petitioner in WP 7363/2023 Mr. B.V. Samant, AGP a/w Mr. M.M. Pabale, AGP for Respondents/State … CORAM : MILIND N. JADHAV, & NANDESH S. DESHPANDE, JJ. DATE : 2nd JULY 2026. P. C. : 1. Heard Mr. Bandiwadekar, learned Counsel for the petitioner in Writ Petition No. 10959/2024, Mr. Kulkarni, learned Counsel for 1 of 7 12 wp 10959-2024.doc petitioners in Writ Petition No. 7363/2023 and Mr. Samant, learned AGP on behalf of State and its functionaries in both petitions. 2. These writ petitions are on the board since 2023 and several orders have been passed. We deem it fit to reproduce the order which is relevant for disposal of the present writ petition by us today. Order dated 10.09.2025 reads thus: “1. Heard learned Senior Counsel for the Petitioner and learned AGP for the State. 2. Learned AGP seeks further time for taking instructions. 3. It is made clear that if, on the next date, affidavit- in-reply is not filed, this Court shall make an endeavor to hear the petition finally as it is the submissions of the learned Counsel for the Petitioners that the issue involved in the present petition is squarely covered by the decision of this Court (Aurangabad Bench) in Jay Malhar Shikshan Prasarak Mandal Sawargaon (P) Vs. The State of Maharashtra dated 18th January, 2025 in Writ Petition No. 1775 of 2021. Prima facie we find substance in the submissions of the learned Counsel for the Petitioners that the issue involved in the present petition is squarely covered by the said judgment. 4. Only by way of indulgence, time till 7th October, 2025 is granted to the Respondents to file affidavit-in- reply. Ad-interim relief granted earlier to continue till the next date. 5. List the Writ Petition on 7th October, 2025.” 2 of 7 12 wp 10959-2024.doc 3. Today, after hearing the learned Counsel for the parties and perusing the decision of the Aurangabad Bench in the case of Jai Malhar Shikshan Prasarak Mandal Sawargaon (P) Vs. the State of Maharashtra (supra), as stated in the aforesaid order, it is prima facie clear that the case of the petitioners before us is only covered with regard to the substantive challenge to the Government Resolution dated 06.11.2018, which has been comprehensively determined by virtue of the aforesaid decision. 4. Mr. Samant, learned AGP in usual fair mindedness also agrees with the aforesaid proposition as also the decision passed in the case of Jai Malhar Shikshan Prasarak Mandal (supra). 5. In that view of the matter, there is no impediment in allowing the petitions. However, before we do so, Mr. Samant persuaded us to consider one objection on behalf of respondents. He would candidly inform the Court that despite there being specific directions, reply affidavit has not been filed on behalf of the State Government and its functionaries. However, he persuades us to consider the fact that registration of the subject school has been cancelled in the year 2025, and in that view the claim of the petitioner with regard to payment of salaries to the teachers which 3 of 7 12 wp 10959-2024.doc emanates from the Government Resolution dated 08.04.2015 and subsequently superseded by the Government Resolution dated 06.11.2018 requiring issuance of 100% grant-in-aid, having been decided to be given to the subject school for disabled persons which is run by the concerned institution. However, the objection raised by the Government cannot be sustained as not decided by us in the present writ petitions. 6. The petitions therefore stand allowed in terms of prayer Clauses (a), (b) and (e) in Writ Petition No. 7363/2023 and prayer Clauses (a), (b) and (c) in Writ Petition No. 10959/2024, which are reproduced hereinbelow. Prayers in Writ Petition No.10959/2024 “a. That by an appropriate writ, order or direction, this Hon'ble Court be pleased to direct the Respondents herein to grant the benefits as per Government Resolution dated 08.04.2015 issued by the Social Justice and Special Assistance Department of Maharashtra Government i.e. Respondent No.1. b. This Hon'ble court may, by way of writ of mandamus and writ in the nature of mandamus passed appropriate direction against respondents toforthwith pay the arrears of salary of the Petitioners staff from the date of GR dated 08.04.2015 till date and since there is deliberate non compliance of the GR dated 08.04.2015, interest be paid to them at the rate of 12% on the arrears of salary and the said arrears along with interest be paid to them within two weeks from the date of the order passed by this Hon'ble Court; c. This Hon'ble court may, by way of writ of mandamus and writ in the nature of mandamus passed 4 of 7 12 wp 10959-2024.doc appropriateorder/directions and set aside the Clause 1 (A) of the Government Resolution dated 06.11.2018 passed by the Social Justice and Special Assistance Department of State of Maharashtra MantralayaMumbai, i.e. Respondent No.1 and further direct them to provide grant 100% aid to Petitioner institution wherein entire staff working i.e. Asthiwyang Nivasi School, Barshi Governed by Navodya Adarsh Gramin Vikas Mandal Agalgaon Tal. Barshi from the date of Government Resolution dated 08.04.2015.” Prayers in Writ Petition No.7363/2023 “(a) That this Hon'ble Court be pleased to pass an order thereby directing the Respondent No. 1 to 5 grant the benefits as per Government Resolution dated 8th April 2015 issued by the Social Justice and Special Assistance Department of Maharashtra Government. (b) That this Hon'ble Court be pleased to pass an order thereby directing the Respondent Nos. 1 to 5, to forthwith pay the arrears of salary to the Petitioners from the date of GR dated 8th April 2015 till date and since there is deliberate non compliance of the GR dated 8th April 2015, interest be paid to the Petitioners at the rate of 12% on the arrears of salary and the said arrears along with interest be paid to the Petitioners within two weeks from the date of the order passed by this Hon'ble Court; (e) That the, pleased to give direction to Respondent No. 01 to 05, to set aside Clause 1 (A) of the Government Resolution dated 06 November 2018 passed by the Social Justice and Special Assistance Department of State of Maharashtra Mantralay mumbai, and provide grant 100% aid to institution wherein Petitioners are working i.e. Asthiwyang Nivasi School, Barshi Governed by Navodya Adarsh Gramin Vikas Mandal Agalgaon Tal. Barshi from the date of Government Resolution dated 08/04/2015.” 7. The Government is directed to release the aforesaid grants to the institutions as expeditiously as possible, and in any event within 5 of 7 12 wp 10959-2024.doc a period of six weeks from today. 8. Needless to state that the aforesaid amount of 50% which has been directed to be deposited, shall be deposited along with interest @ 12% p.a. simple interest until the same is realised and paid over the petitioners. 9. However, the objection raised by the Mr. Samant with regard to the running of the school or with regard to the number of students in the said school is expressly kept open to be persuaded in appropriate proceedings as may be available to the respondents in accordance with law. 10. Mr. Samant, learned AGP once again in his usual fair mindedness apprises the Court that the Government Resolution dated 08.04.2015 provides that the benefit of salary to the teachers has to be given directly in their bank accounts. 11. In that view of the matter, Mr. Kulkarni representing and espousing the cause of the teachers is directed to give the details of the teachers to the concerned District Social Welfare Officer, Zilla Parishad, Solapur, 12. At this juncture, Mr. Bandiwadekar, learned Senior Counsel intervenes and informs the Court that the District Social Welfare 6 of 7 12 wp 10959-2024.doc Officer, Zilla Parishad, Solapur, is already aware of the bank account details of the teachers since they have presently been paid 50% salary. Hence, he would persuade the Court to direct the District Social Welfare Officer to deposit the balance 50% amount in the same bank accounts. 13. If that is the case, the said exercise will be adopted by the District Social Welfare Officer as directed hereinabove. 14. Both the petitions stand allowed and disposed of in the above terms. [NANDESH S. DESHPANDE, J.] [MILIND N. JADHAV, J.] Jayashree.. 7 of 7