J WP-7449-2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.7449 OF 2026 PETITIONERS : 1 Vivek S/o Rambhau Wagh, Aged about 47 years, Occupation: Primary Teacher, C/o.Shri Chhatrapati Shivaji Prathmik, Madhyamik Va Uccha Madhyamik Anudanit Adiwasi Ashram Shala, Chondi Fata, Tah. Sengaon, Dist. Hingoli. 2 Eknath S/o Dagdu Wagh, Aged about 50 years, Occupation: Primary Teacher, C/o.Anudanit Adiwasi Ashram Shala, Jarur, Tah. Ghatanji, District- Yavatmal. 3 Rajendra Vitthalrao Kodape, Aged about 48 years, Occupation: Secondary Teacher, C/o.Late Shankarrao Chavhan Anudani Adiwasi Ashram Shala, Diwashi (Bk.), Tah. Bhokar, District-Nanded. 4 Shri N. G. Bhopale, Aged about 46 years, Occupation: Secondary Teacher, C/o.Shri Chhatrapati Shivaji Prathmik, Madhyamik Va Uccha Madhyamik Anudanit Adiwasi Ashram Shala, Chondi Fata, Tah. Sengaon, Dist. Hingoli. ..VERSUS.. RESPONDENTS : 1 The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai. 2 The Commissioner, Tribal Development Department, Maharashtra State, Nashik. 3 The Additional Commissioner, Tribal Development Department, Maharashtra State, Amravati Division, Amravati. 4 The Project Officer, Integrated Tribal Development Project, Akola, Dist. Akola. 2026:BHC-NAG:12924-DB J WP-7449-2026.odt 2 ---------------------------------------------------------------------------------------- Shri. Rahul N. Ghuge, Advocate for Petitioners. Shri. Amit Madiwale, AGP for Respondents/State. -------------------------------------------------------------------------------------------------------- CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED 22 nd SEPTEMBER, 2026. ORAL JUDGMENT : (PER : RAJ D. WAKODE, J.) . Rule. Rule made returnable forthwith. Heard finally with the consent of the parties. 2. Petitioner Nos.1 and 2 are working as Primary Teachers and Petitioner Nos.3 and 4 are working as Secondary Teachers in the Schools as referred to in the cause title of the present petition. 3. The petitioners have approached this Court seeking a direction to the respondents to treat the waiting period from 05.11.2016 till the date of their joining service in pursuance of the absorption order as service period and accordingly, a further direction to the respondents to pay the petitioners the arrears of salary and consequential service benefits from 05.11.2016 till the date of their absorption. J WP-7449-2026.odt 3 4. Shri. Ghuge, learned counsel for the petitioners, at the outset, invites our attention to the judgment dated 04.08.2026 passed by the Co-ordinate Bench of this Court in Writ Petition No.4590 of 2022. The aforesaid judgment is at record page No.56 (Annexure - K). Shri. Ghuge, learned counsel, submits that the present petitioners are similarly situated to the petitioners in Writ Petition No.4590 of 2022. The petitioners were working in the same Aided Ashram School managed by Shri Ramchandra Maharaj Sevabhavi Bahuuddeshiya Shikshan Sanstha, Ganeshpur, District Buldana, at Village Pala, which was later de-recognized by the respondent-authorities vide order dated 05.11.2016. 5. The petitioners were then consequently absorbed by the competent authority as per the absorption orders which are placed on record. The petitioners in Writ Petition No.4590 of 2022 were also similarly situated teachers - employees of the aforesaid Aided Ashram School and were subsequently absorbed. The petitioners in the aforesaid Writ Petition No.4590 of 2022 had approached this Court seeking a challenge to the rejection of the payment of arrears of salary and all other service benefits for the period from 05.11.2016, i.e., from the date of de-recognition of J WP-7449-2026.odt 4 their school till the date of their joining at the respective places of absorption. 6. Shri. Ghuge, learned counsel for the petitioners, submits that the petitioners are exactly similarly situated to the aforesaid petitioners, as they were employees of the aforesaid school and the said school was de-recognized on 05.11.2016 and they were later on absorbed by the respondent – authority at their respective places of absorption. In view of the above, the present petitioners are also entitled to the arrears of salary and all other service benefits for the period from 05.11.2016 till their respective dates of absorption. The petitioners have stated on oath that they were earlier working in the same Aided Ashram School managed by Shri Ramchandra Maharaj Sevabhavi Bahuuddeshiya Shikshan Sanstha, Ganeshpur, District Buldana at Pala, wherein the petitioners in Writ Petition No.4590 of 2022 were working (hereinafter referred to as “the aforesaid school” for the sake of brevity). The aforesaid school was de-recognized by the respondent authorities vide order dated 05.11.2016. The petitioners, who were always ready and willing to work, after the aforesaid de-recognition of the aforesaid school, submitted various representations to the respondent J WP-7449-2026.odt 5 authorities for absorbing them in other schools and thereby providing them work so that they and their families would not suffer. The various representations made by the petitioners are annexed collectively at record page No.22 (Annexure-B). 7. Pursuant to the representations made by the petitioners, respondent No.3 – Additional Commissioner, Tribal Development Department, Amravati, issued the absorption order on 04.08.2017, which is at record page No.32 (Annexure-C). Though, the absorption order was issued on 04.08.2017 and the petitioners were ready and willing to join their duties, the respondent authorities did not issue the orders of absorption in their respective schools till 2019. Ultimately, the services of the petitioners were absorbed on 05.11.2019, 11.01.2018 and 22.10.2019, respectively, and accordingly, they joined their services in the respective schools. Shri. Ghuge, learned counsel for the petitioners, submits that, similar to the petitioners in Writ Petition No.4590 of 2022, the present petitioners were always ready and willing to join the services in the respective schools and work, but they were required to wait till the date of their absorption due to administrative delay. The petitioners had, time and again, requested J WP-7449-2026.odt 6 the respondent authorities to provide them work, as they were ready and willing to work; however, due to such delay on the part of the respondents, the petitioners could not join their duties till 2019. Thus, the petitioners are similarly situated to the petitioners in Writ Petition No.4590 of 2022. The petitioners, therefore, approached respondent No.4 – Project Officer, Integrated Tribal Development Project, Akola, by submitting a representation dated 12.08.2026, thereby claiming similar relief of payment of arrears of salary and consequential service benefits from 05.11.2016 till the date of their absorption, in view of the law settled by this Court in Writ Petition No.4590 of 2022. A copy of the aforesaid representation dated 12.08.2026 is at record page No. 71 (Annexure-M). Shri. Ghuge, learned counsel for the petitioners, submits that respondent No.4 has not decided the said representation till date and hence, the petitioners have approached this Court. 8. The aforesaid factual matrix is not disputed by Shri. Amit Madiwale, learned Assistant Government Pleader, who has sought oral instructions from the respondent-authorities. However, Shri. Madiwale, learned AGP, submits that the respondent-authorities are in consultation with the Higher J WP-7449-2026.odt 7 Authorities with regard to the implementation of the aforesaid judgment dated 04.08.2026. 9. Be that as it may, the fact remains that the Co-ordinate Bench of this Court, after considering the entire factual matrix so also the relevant provisions of law and the law settled by the Hon’be Apex Court in the cases of State of Bihar and others .vs. Kripa Nand Singh and another, reported in (2014) 14 Supreme Court Cases 375 and Union of India and others .vs. K. V. Jankiraman and others, reported in (1991) 4 Supreme Court Cases, 109, has allowed the aforesaid writ petition vide judgment dated 04.08.2026 and has granted the prayers as prayed for by the petitioners in the said petition. In view of the above and in view of the fact that there is no statement on behalf of the respondents regarding the fact that the petitioners are not similarly situated to the petitioners in Writ Petition No.4590 of 2022, we have no reason not to follow the law as enunciated by the Co-ordinate Bench of this Court in the aforesaid judgment dated 04.08.2026. In view of the above, we allow the present petition as per following order : O R D E R i) Writ Petition No.7449 of 2026 is allowed. J WP-7449-2026.odt 8 ii) The respondents are directed to treat the period from 05.11.2016 to the date of absorption of the petitioners at their respective places as a period of service and accordingly, pay the petitioners the arrears of salary and all consequential benefits from 05.11.2016 till the date of their absorption at their respective places of absorption. 10. Rule is made absolute in the above said terms. No costs. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 30/09/2026 10:47:00