17-IA-7681-24.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1693 OF 2023 WITH INTERIM APPLICATION NO.7681 OF 2024 Nilesh s/o Rajaram Gulave …Petitioner/Applicant Versus The State Of Maharashtra Thru Chief Secretary, School And Edu And Sport Dept. And Ors ...Respondents _______ Mr. Saurabh Pakale a/w. Mr. Nilesh Desai for Petitioner/Applicant. Ms. Priyanka B. Chavan, AGP for Respondent-State. Mr. Kaustubh Thipsay a/w. Ms. Ketaki Gadkari and Mr. Nitin Kaskar for Respondent No.5. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 16 SEPTEMBER 2026 P.C. 1. This petition is filed under Article 226 of the Constitution praying for substantive reliefs which read thus: “B. By writ of Mandamus or any other appropriate writ or direction like nature or order, the Respondent No.3 to 5 may kindly be directed to absorb the service of Petitioner to any aided School including the aided School run by Respondent No.5, in view of Rule 27 of the Maharashtra Employee of Private School (C of S) Regulation Act 1977 and further pay the salary of Petitioner as per rule till the absorption.” 2. Learned counsel for the parties are at ad idem that the petitioner has already been absorbed and the grievance of the petitioner with regard to the absorption is now no more required to be asserted by the petitioner in the present proceedings. rsk RAJESHWARI SUBODH KARVE Digitally signed by RAJESHWARI SUBODH KARVE Date: 2026.09.21 11:59:38 +0530 17-IA-7681-24.DOC As pointed out by Mr. Pakale the only issue would be with regard to the claim for salary of the petitioner from November 2022 till the date of regularization. Mr. Pakale submits that under the Rules, it would be the obligation of the respondent to pay salary for that period. If that is so, the legal position in this regard is also no more res integra in view of the decisions of this Court. We accordingly permit the petitioner to make representation to the respondent seeking the arrears of salary. In the event the Management is inclined to submit a proposal to that effect on the ground that aid was available, let such proposal be made by the Management to the Education Officer within a period of two weeks from today. If the same is made let the same be considered and decided by the Designated Officer in accordance with law and after granting an opportunity of hearing to the petitioner as also the Management. All contentions of the parties in that regard are expressly kept open. Let the decision accordingly be taken and in any event within a period of eight weeks from the date of the proposal. 3. The Petition is accordingly disposed of on the aforesaid terms. No costs. 4. Interim Application also stands disposed of. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) rsk