Order wp 6856.2024 + 7.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 6856 of 2024 [Rakshita Bhaurao Ghodeswar (Mrs. Rakshita Abhijit Kamble) and ors. vs. The State of Maharashtra through its Secretary, Department of School Education and Sports and ors.] with Writ Petition No. 6857 of 2024 [Shashikant Damodar Band and anr. vs. The State of Maharashtra through its Secretary, Department of School Education and Sports and ors.] with Writ Petition No. 1213 of 2019 [Ramesh Deorao Nandanwar vs. State of Maharashtra through its Secretary, Department of School Education and Sports and ors.] with Writ Petition No. 7705 of 2019 [Mukesh s/o Gajanan Tadas vs. State of Maharashtra, through its Secretary, School, Education and Sports Department and ors.] with Writ Petition No. 7706 of 2019 [Dinesh s/o Sarveshwar Chaudhari vs. State of Maharashtra, through its Secretary, School, Education and Sports Department and ors.] with Writ Petition No. 7707 of 2019 [Nishant s/o Suhas Lakhe vs. State of Maharashtra, through its Secretary, School, Education and Sports Department and ors.] with Writ Petition No. 7708 of 2019 [Baba Shivgiri Goswami vs. State of Maharashtra, through its Secretary, School, Education and Sports Department and ors.] with Writ Petition No. 7709 of 2019 [Prashant s/o Vilas Sherkure vs. State of Maharashtra, through its Secretary, School, Education and Sports Department and ors.] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders. --------------------------------------------------------------------------------------------------------------------------------- Mr. B. G. Kulkarni, Advocate for the petitioners in WP 1213/2019, WPs 6856 & 6857 of 2024 Mr. A. D. Mohgaonkar, Advocate for the petitioners in WPs 7705 to 7709 of 2019 Mr. N. R. Patil, AGP for the State/respective respondents Mr. V. P. Maldhure, Advocate h/f Mrs. B. P. Maldhure, Advocate for Education Officer (Primary), Z.P., Nagpur/respondent no. 4 2026:BHC-NAG:11168-DB Order wp 6856.2024 + 7.odt 2 in WPs 1213, 7705 to 7707 of 2019 and Wps 6856 & 6857 of 2024 Mr. P. K. Raulkar, Advocate for respondent no. 3 in WPs 7708 & 7709 of 2019 Mr. R. B. Dhore, Advocate for respondent no. 5 in WPs 6856 & 6857 of 2024 Mr. C. V. Kale, Advocate for respondent nos. 5 and 6 in WP 1213/2019 Mr. G. S. Singh, Advocate h/f Mr. S. P. Bhandarkar, Advocate for respondent no. 5 in WP 7705/2019 Mr. Shivba Dighade, Advocate h/f Mr. Anand Parchure, Advocate for respondent nos. 5 and 6 in WPs 7705 to 7709 of 2019 CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : 25-08-2026. Heard. 2. In essence, the prayer is to direct the respondents to release 100% salary in favour of the petitioners – teachers. 3. We were informed that for the present, the teachers are getting only 20% component of salary from the State Government on account of certain issues that cropped up at the level of State Government and its officials in releasing the grants. 4. Learned counsel for the petitioners has relied upon order of this Court in Writ Petition No. 1768/2020 (Rohan Narendra Sukhadeve Vs. State of Maharashtra and ors.) with connected petition dated 7-3-2022 wherein the Court held as under :- “4. Payment to the Petitioner-teacher from the grant admissible, is in fact a matter between the Order wp 6856.2024 + 7.odt 3 Management and the State Government. Merely because the teachers are employed by the Management, they do not become Government servants. Primary responsibility is always on the Management to pay the necessary salary as per the Rules.” 5. The grants released by the State Government is in the form of reimbursement. 6. Admittedly, the petitioners have been appointed by the respondent – management and thus the management is duty bound to ensure payment of salary as due and payable to the teachers. The issue of releasing grant is between the management and the State Government for which petitioners should not be compelled to approach this Court. 7. We find that petitioners prayer is reasonable, at least, to the extent of payment of salary by the respondent – management. We accordingly allow the petitions partly. 8. Respondent no. 5- management is directed to pay remaining 80% component of salary to the petitioners from the date it was due and payable. The salary and arrears would be released within eight weeks from today. 9. The management is at liberty to file appropriate proceedings for release/recovery of grants from the State Government. Order wp 6856.2024 + 7.odt 4 10. The petitions are disposed of in terms of above. (JUDGE) (JUDGE) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 27/08/2026 18:26:41