Allowed

Sanjay Dadarao Pawar and Others v. the State of Mahrashtra and Others

Bombay HC23 Jun 2021WP/1629/2016

Case brief

AI extract

What is this about?

This court disposed of numerous writ petitions filed by teachers seeking salary arrears and regularization. The court observed that final relief had already been granted via interim orders dated 28 April 2016 and 1 December 2020, including salary credits and approvals. Petitions were allowed based on these prior directions.

What the court decided

AI extract

Sanjay Dadarao Pawar and Others Vs the State… — Pension and Retirement Benefits | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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(01) WRIT PETITION NO.1162 OF 2016

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01 Maruti s/o Narayan Dugdumwar, aged: 34 years, Occ: Service as Higher Secondary Teacher at Vimukta Jati Bhatkya Jamati Junior College, Kuntur Tanda, Tq. Naigaon, District Nanded.

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02 Vinayak s/o Pralhadrao Suryawanshi, aged: 32 years, Occ: Service as Higher Secondary Teacher at Vimukta Jati Bhatkya Jamati Junior College, Kuntur Tanda, Tq.Naigaon, District Nanded.

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03 Vinodkumar Balaji Ingewad, aged: 35 years, Occ: Service as Higher Secondary Teacher at Vimukta Jati Bhatkya Jamati Junior College, Kuntur Tanda, Tq.Naigaon, District Nanded.

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04 Maruti s/o Bhaurao Bismile, aged: 32 years, Occ: Service as Higher Secondary Teacher at Vimukta Jati Bhatkya Jamati Junior College, Kuntur Tanda, Tq.Naigaon, District Nanded.

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05 Ramdas s/o Hanmantrao Shinde, aged: 34 years, Occ: Service as Higher Secondary Teacher at Vimukta Jati Bhatkya Jamati Junior College, Kuntur Tanda, Tq.Naigaon, District Nanded.

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06 Ganesh s/o Maroti Kamble, aged: 32 years, Occ: Service as Higher Secondary Teacher at

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Vimukta Jati Bhatkya Jamati Junior College, Kuntur Tanda, Tq.Naigaon, District Nanded.

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Petitioners

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Versus

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01 The State of Maharashtra, through its Principal Secretary, Maharashtra State, Mantralaya, Mumbai-32. 02 The Secretary to the Government of Maharashtra in Social Justice & Special Assistance Department, Mantralaya, Mumbai-32.

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03 The Secretary to the Government of Maharashtra in Finance Department, Mantralaya, Mumbai-32.

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04 The Division Deputy Commissioner, Social Welfare Division, Latur, Latur. 05 Shree Krushna Shikshan Prasarak Mandal, Kuntur Tanda, Tq. Naigaon, District Nanded, through its President/Secretary. Respondents

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WITH (02) WRIT PETITION NO. 651 OF 2016

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01 Namdev s/o Rangrao Chavan Petitioner Versus

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The State of Maharashtra & others Respondents

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WITH (03) WRIT PETITION NO. 1168 OF 2016

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	{3}	wp116216.odt
01	Hiralal Pundlik Patil & others Versus	Petitioners
	The State of Maharashtra & others	Respondents
	WITH (04) WRIT PETITION NO. 1172 OF	2016
01	Pandurang Jaysingrao Salgare & others Versus	Petitioners
	The State of Maharashtra & others	Respondents
	WITH (05) WRIT PETITION NO. 1174 OF	2016
01	Baburao Honaji Rathod & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (06) WRIT PETITION NO. 3009 OF	2016
01	Suhas Sudamrao Deng & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (07) WRIT PETITION NO. 3216 OF	2016
01	Devidas Mahadev Kadam & another	Petitioners

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	Versus
	The State of Maharashtra & others	Respondents
	WITH (08) WRIT PETITION NO. 641 OF	2016
01	Manoj s/o Sureshrao Kulkarni and others	Petitioners
	Versus
01	The State of Maharashtra & others	Respondents
	WITH (09) WRIT PETITION NO. 643 OF	2016
01	Varsha Gangadhar Biradar & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (10) WRIT PETITION NO. 644 OF	2016
01	Shashikant S/o Natthu Bodhare and others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (11) WRIT PETITION NO. 805 OF	2016
01	Dilip Vitthalrao Mane & others Versus	Petitioners
	The State of Maharashtra & others	Respondents

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	WITH (12) WRIT PETITION NO. 806 OF	2016
01	Bhaskar s/o Dhansingh Pawar and others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (13) WRIT PETITION NO. 807 OF	2016
01	Sudarshan Govindrao Chawad, and another	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (14) WRIT PETITION NO. 809 OF	2016
01	Narayan Gangadharrao Kumre & others Versus	Petitioners
	The State of Maharashtra & others	Respondents
	WITH (15) WRIT PETITION NO. 3011 OF	2016
01	Kishor Shivhar Chille & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents

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WITH

(16) WRIT PETITION NO. 8864 OF 2015

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01 Jyoti Ramakant Khandade & others Petitioners Versus The State of Maharashtra & others Respondents WITH (17) WRIT PETITION NO. 8865 OF 2015 01 Madhukar s/o Mahadev Rathod, and others Petitioners Versus The State of Maharashtra & others Respondents WITH (18) WRIT PETITION NO. 8868 OF 2015 01 Yogesh Someshwar Patil Petitioner Versus The State of Maharashtra & others Respondents WITH (19) WRIT PETITION NO. 8869 OF 2015 01 Pramod s/o Jagatrao Pawar Petitioner Versus The State of Maharashtra & others Respondents,

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WITH

(20) WRIT PETITION NO. 8870 OF 2015

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01 Dnyandeo s/o Shivajirao Mogal Petitioner Versus The State of Maharashtra & others Respondents WITH (21) WRIT PETITION NO. 8873 OF 2015 01 Sanjay S/o Kantrao Mane and others Petitioners Versus The State of Maharashtra & others Respondents WITH (22) WRIT PETITION NO. 10292 OF 2015 01 Vijay Dinkar Patil & others Petitioners Versus The State of Maharashtra & others Respondents WITH (23) WRIT PETITION NO. 1113 OF 2016 01 Santosh Gangadhar Kadam & others Petitioners Versus The State of Maharashtra & others Respondents

WITH

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(24) WRIT PETITION NO. 1115 OF 2016 01 Sandip S/o Chandrakant Bhedodkar and others Petitioners Versus The State of Maharashtra & others Respondents WITH (25) WRIT PETITION NO. 1163 OF 2016 01 Nandkishor Ganeshrao Jadhav & others Petitioners Versus The State of Maharashtra & others Respondents WITH (26) WRIT PETITION NO. 1165 OF 2016 01 Chetankumar Dnyandoba Waghmare Petitioner Versus The State of Maharashtra & others Respondents WITH (27) WRIT PETITION NO. 1166 OF 2016 01 Deepali Uttamrao Khandare & others Petitioners Versus The State of Maharashtra & others Respondents WITH (28) WRIT PETITION NO. 1167 OF 2016

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01	Sandip Limbappa Kamthe & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (29) WRIT PETITION NO.1170 OF	2016
01	Balasaheb Vitthalrao Lonwade and others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (30) WRIT PETITION NO.1173 OF	2016
01	Balwant Mohanrao Shinde & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (31) WRIT PETITION NO.1175 OF	2016
01	Shailesh Ramakantrao Shinde & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (32) WRIT PETITION NO. 1177 OF	2016
01	Santosh S/o Govind Chavan & others Versus	Petitioners

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	The State of Maharashtra & others	Respondents
	WITH (33) WRIT PETITION NO. 1178 OF	2016
01	Kedar S/o Laxmanrao Karamunge and others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (34) WRIT PETITION NO. 1308 OF	2016
01	Sou. Madhurai D/o. Bhagwan Jadhav and another	Petitioners,
	Versus
	The State of Maharashtra & others	Respondents
	WITH (35) WRIT PETITION NO. 1370 OF	2016
01	Shri. Pravin S/o. Shrimant Mane, and another	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (36) WRIT PETITION NO.1371 OF	2016
01	Ashok Dhuraji Dudhkar & another Versus	Petitioners

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	The	State of Maharashtra & others Respondents
		WITH (37) WRIT PETITION NO.1613 OF 2016
01	Bala and	saheb Sadashiv Nagargoje others Petitioners
		Versus
	The	State of Maharashtra & others Respondents
		WITH (38) WRIT PETITION NO. 1614 OF 2016
01	Shri and	.Rameshwar S/o. Hachu Rathod others Petitioners
		Versus
	The	State of Maharashtra & others Respondents
		WITH (39) WRIT PETITION NO.1616 OF 2016
01	Raje	sh Pundalik Sonkamble & others Petitioners
		Versus
	The	State of Maharashtra & others Respondents
		WITH (40) WRIT PETITION NO.1617 OF 2016
01	Sha	shikant Fakirrao Kadam & others Petitioners Versus
	The	State of Maharashtra & others Respondents

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WITH

(41) WRIT PETITION NO.1619 OF 2016

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01	Parvinkumar Hariram Gavai & another	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (42) WRIT PETITION NO.1626 OF	2016
01	Kalim Ahmed Habib Pathanl & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (43) WRIT PETITION NO.1629 OF	2016
01	Sanjay Dadarao Pawar & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (44) WRIT PETITION NO.1936 OF	2016
01	Pandurang Ramrao Aade & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (45) WRIT PETITION NO.1938 OF	2016
01	Balaji Sakharam Devkate & others	Petitioners

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Versus The State of Maharashtra & others

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Respondents

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	WITH (46) WRIT PETITION NO.1939 OF	2016
01	Dinesh Mahadeo Badure	Petitioner
	Versus
	The State of Maharashtra & others	Respondents
	WITH (47) WRIT PETITION NO.1999 OF	2016
01	Nitesh Prakash Chavan and another	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (48) WRIT PETITION NO.2005 OF	2016
01	Manohar Nagnath Biradar & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (49) WRIT PETITION NO.2006 OF	2016
01	Daivshala Ramrao Rathod	Petitioner
	Versus

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	The State of Maharashtra & others	Respondents
	WITH (50) WRIT PETITION NO.2087 OF	2016
01	Yuvraj Santrao Bhole & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (51) WRIT PETITION NO.2089 OF	2016
01	Ramji Thavara Rathod & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (52) WRIT PETITION NO.2091 OF	2016
01	Dattatraya Baban Surwase & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (53) WRIT PETITION NO.2096 OF	2016
01	Siddheshwar Dharmappa Birajdar & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents

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WITH

(54) WRIT PETITION NO.2543 OF 2016

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01 Padmini Jaywantrao Pawar & others Petitioners Versus The State of Maharashtra & others Respondents

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WITH (55) WRIT PETITION NO.3005 OF 2016 01 Nagnath Mahadappa Nigudge & others Petitioners Versus The State of Maharashtra & others Respondents WITH (56) WRIT PETITION NO.3006 OF 2016 01 Rajesh Dhondiba Surwase & others Petitioners Versus The State of Maharashtra & others Respondents WITH (57) WRIT PETITION NO.3007 OF 2016 01 Shivaji Ishwar Rathod & others Petitioners Versus The State of Maharashtra & others Respondents

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WITH (58) WRIT PETITION NO.3008 OF 2016

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01	Vaishali Shriram Mule & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (59) WRIT PETITION NO.3010 OF	2016
01	Ravi Bhimrao Chavan & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (60) WRIT PETITION NO.3012 OF	2016
01	Shashikant Vijaykumar Dhaygude and others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (61) WRIT PETITION NO.3013 OF	2016
01	Bhimrao Vinayak Rathod & others Versus	Petitioners
	The State of Maharashtra & others	Respondents
	WITH (62) WRIT PETITION NO.3014 OF	2016
01	Bharat Chandar Pawar & others Versus	Petitioners

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	The State of Maharashtra & others	Respondents
	WITH (63) WRIT PETITION NO.3015 OF	2016
01	Gajanan Shripati Maske & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (64) WRIT PETITION NO.3016 OF	2016
01	Ashok Manikrao Garadl & others Versus	Petitioners
	The State of Maharashtra & others	Respondents
	WITH (65) WRIT PETITION NO.3017 OF	2016
01	Ramakant Kashinath Rathod & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (66) WRIT PETITION NO.3018 OF	2016
01	Amol Chandrakant Rathod & others Versus	Petitioners
	The State of Maharashtra & others WITH	Respondents

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	(67) WRIT PETITION NO.3198 OF	2016
01	Jitendra Sahebrao Jadhav & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (68) WRIT PETITION NO.3208 OF	2016
01	Khandu Rajkumar Bansode	Petitioner
	Versus
	The State of Maharashtra & others	Respondents
	WITH (69) WRIT PETITION NO.3310 OF	2016
01	Tirupatikumar Ramesh Warule & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (70) WRIT PETITION NO.3930 OF	2016
01	Sharad Khushal Deore	Petitioner
	Versus
	The State of Maharashtra & others	Respondents
	WITH (71) WRIT PETITION NO.4197 OF	2016
01	Kailas Keshavrao Shep & others	Petitioners

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	Versus
	The State of Maharashtra & others	Respondents
	WITH (72) WRIT PETITION NO.4198 OF	2016
01	Mahesh Rambhau Mhetre & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (73) WRIT PETITION NO.4199 OF	2016
01	Sandeep Pandharinath Phad & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (74) WRIT PETITION NO.4200 OF	2016
01	Rahul Asaram Bhosale & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (75) WRIT PETITION NO.4201 OF	2016
01	Maheshwar Ram Giri l & others Versus	Petitioners
	The State of Maharashtra & others	Respondents

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	WITH (76) WRIT PETITION NO.4202 OF	2016
01	Shashishekhar Shivshankarappa Mahajan & others	Petitioners
	Versus
	The State of Maharashtra & others	Respondents
	WITH (77) WRIT PETITION NO.4203 OF	2016
01	Sandipan Achyutrao Harale & others Versus	Petitioners
	The State of Maharashtra & others	Respondents
	WITH (78) WRIT PETITION NO.5190 OF	2016
01	Kondiram Nandu Jadhav	Petitioner
	Versus
	The State of Maharashtra & others	Respondents
	WITH (79) WRIT PETITION NO.8858 OF	2015
01	Devidas Khiru Chavan	Petitioner
	Versus
	The State of Maharashtra & others	Respondents
	WITH (80) WRIT PETITION NO.8859 OF	2015
01	Ajit Balaji Hambir & others	Petitioners

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Versus

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The State of Maharashtra & others Respondents

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WITH (81) WRIT PETITION NO. 10291 OF 2015

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01 Prashant S/o Raosaheb Salunkhe and others Petitioners

¶77

Versus

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The State of Maharashtra & others Respondents

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WITH (82) WRIT PETITION NO. 10297 OF 2015

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01 Khushal S/o Laxman Nerpagar and others Petitioners

¶81

Versus

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The State of Maharashtra & others Respondents

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Mr. N.P.Patil Jamalpurkar, advocate for the Petitioners.

¶84

Mr. V.D.Sapkal, Senior Counsel/Special Counsel along with Mr. S.G.Sangle, AGP for Respondents No.1 to 4.

¶85

Mr.V.B.Jadhav, advocate for Respondent-Management in Writ Petitions No.1629/2016, 1371 of 2016, 3310 of 2016, 3930 of 2016

¶86

Mr.A.T.Jadhavar, advocate for Respondent-Management in Writ Petitions No.806 of 2016, 3011 of 2016, 8864 of 2015, 8865 of 2015, 8868 of 2015, 8869 of 2015, 8870 of 2015, 8873 of 2015, 1113 of 2016, 1616 of 2016, 2087 of 2016, 2091 of 2016, 2096 of 2016, 3005 of 2016, 3006 of 2016, 3008 of 2016, 3010 of 2016, 3012 of 2016, 3015 of 2016, 3017 of 2016, 3018 of 2016, 4198 of 2016, 8858 of 2015, 8859 of 2015.

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Mr.P.B.Patil, advocate for Respondent No.5 in W.P.No.10292 of 2015 Mr.A.R.Rathod, advocate for Respondent No.5 in W.P.No.1115 of 2016.

¶90

Mr.D.M.Shinde, advocate for Respondent No.5 in W.P.No.1168 of 2016.

¶91

Mr.M.P.Tripathi, advocate for Respondent No.6 in W.P.No.1613 of 2016, 1614 of 2016

¶92

Mr.A.B.Kharosekar, advocate for Respondent No.7 in W.P. No.1999 of 2016.

¶93

Mr.V.D.Gunale, advocate for Respondent No.6 in W.P.No.2005 of 2016.

¶94

Mr.V.D.Salunke, advocate for Respondent No.6 in W.P.No.3198 of 2016.

¶95

CORAM : RAVINDRA V. GHUGE AND AVINASH G. GHAROTE, JJ.

¶96

DATE : 23^rd June, 2021.

¶97

PC :

¶98

In all these matters, this Court ( Coram: S.S.Shinde

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and Sangitrao S. Patil, JJ .) had passed an order on 28^th April, 2016, which reads as under:

¶100

“The learned counsel appearing for the petitioners has tendered across Bar the compilation of the orders passed by the Principal Seat of the Bombay High Court in the cases of Shri Annasaheb S. Ghute and ors V/s State of Maharashtra and ors. In Writ Petition No.2858 of 2016 and other connected matters, Smt. Laxmibai Yallappa

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¶103

Khandare and others V/s The State of Maharashtra and others in Writ Petition No.1923 of 2016 and other connected matters, and also the order passed by the Bombay High Court, Bench at Nagpur, in the case of Shri Shivaji S/o babanrao Shelgaonkar and others V/s The State of Maharashtra and others in Writ Petition No.818 of 2016 and other connected matters. The same is taken on record.

¶104

The learned respective counsel appearing for the petitioners raised a grievance that the fnal approval to the petitioners’i services is not yet granted. The learned counsel submit that the petitioners have completed their probation period.

¶105

We direct the respective Respondents – Institutions to submit the proposals for approval to the concerned Divisional Social Welfare Offcers, if already not submitted, after verifying the service record of the petitioners, in accordance with the procedure within four weeks from today. Upon receiving such proposal, the concerned Divisional Social Welfare Offcer shall consider and take appropriate decision on the said proposals, in accordance with the procedure, as expeditiously as possible, and preferably within eight weeks from today.

¶106

In the circumstances and keeping in view the orders passed by the Principal Seat of Bombay High Court and the order passed by the

¶107

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¶108

Bombay High Court Bench at Nagpur, referred hereinabove, we pass the following order :-

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ORDER

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(i) Rule. On Rule, the Special Counsel/AGP appearing for the respondent – State waives service.

¶111

(ii) The Respondents shall pay regular salary to the petitioners whose services are approved and who are working on the sanctioned posts during the pendency of the petitions, however, subject to the observations made hereinbefore.”

¶112

In similar matters before the Nagpur Bench of this Court, similar orders, by way of interim relief, were passed. As these orders were not complied with, Contempt Petition No.184 of 2016 in Writ Petition No.818 of 2016 and connected matters were entertained by the Court and by an order dated 26^th October, 2016, the Court disposed off the Contempt Petitions by recording the statement of the Government that they would implement the said order and by observing as under:

¶113

“Since the order of which contempt is alleged stands complied with, we do not fnd it necessary to proceed further with the contempt proceedings. Hence, we dispose off the contempt petition with a further direction that the salary of the petitioners

¶114

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¶115

herein for the month of October 2016 shall be actually credited to their accounts prior to 15.11.2016. The Respondents/Managements shall ensure that the bills are submitted prior to 05.11.2016. Thereafter, salary due to the petitioners shall be credited prior to 15^th day of every month.

¶116

Arrears from the month of April to September shall be credited in any case prior to 31^st December, 2016.”

¶117

Shri Dilipkumar Vasaram Rathod, Regional Deputy Commissioner, Social Welfare Department, Government of Maharashtra at Latur, has fled an affdavit-in-reply dated 19.06.2021 in Writ Petition No.7930 of 2020. He has referred to the interim order passed by this Court on 1^st December, 2020, and has stated in paragraph 5, as under:

¶118

“5. I say and submit that, this Hon’ible Court on 01.12.2020 has passed interim order directing Respondents, if the Ashram School is functioning and the Petitioners are working with the Ashram School and if there is no other impediment the respondents shall not stop the salary of petitioners. The Respondent No.3 has issued a letter to Respondent No.4 to 6 on 13.01.2021 directing to release the arrears of salary of the Petitioners and also directed to pay regular salary. The letter dated 13.01.2021 is annexed herewith and marked as

¶119

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¶120

Exhibit R-2. Accordingly, in view of the letter dated 13.01.2021 issued by Respondent No.3 the arrears of salary have been paid to the petitioners. The letters containing release of salary are annexed herewith and marked as Exhibit R-3.”

¶121

It is undisputed before us that pursuant to the order passed by this Court dated 28.04.2016, the proposals of all these petitioners have been scrutinised, their service records have been verifed and by following a procedure, as is prescribed, the Divisional Social Welfare Offcer has granted approvals to their services. It is equally undisputed that such approvals could be granted in view of the sanctioned posts being available and these teachers having discharged their duties on such posts, were found eligible.

¶122

It is pointed out by the learned A.G.P. that the Government of Maharashtra issued a G.R. dated 08^th March, 2019 to deal with the cases of 94 Senior Secondary Ashram Schools (Junior Colleges) and the available salary grants so as to make the payments of the arrears of salary and regular monthly salary of the teachers. The Government of Maharashtra has then taken a policy decision in the said G.R., which reads as under:

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{27}

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¶127

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¶129

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¶130

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¶131

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¶132

4- laLFkkauh rlsp vkJe”'kkGsrhy deZpkÚ;kauh ek- U;k;ky;ke/;s nk[ky dsysY;k ;kfpdk@voeku ;kfpdk ijr ?ks.ks vko';d jkghy-

¶133

;klkBh gks.kkjk [kpZ ;k foHkkxkP;k vuqnkfur vkJe”'kkGkalkBh miyC/k vlysY;k @ gks.kkÚ;k rjrqnhrwu Hkkxfo.;kr ;kok-

¶134

The learned Senior Advocate/Special Counsel, along with the learned AGP, submits that with the interim relief granted by this Court on 28.04.2016, especially with the observations in paragraphs no.2, 3, 4 and clause (ii) of the order (reproduced above), nothing survives in these petitions as the petitioners have been granted their benefts, which are in tune with prayer clause “B”, which reads as under:

¶135

The respondents no.1 to 4 may please be directed to sanction and release the Salary Grants in respect of the petitioners from the date of their appointment as per the terms & conditions laid down under the Government Resolution dated 26.06.2008, by issuing writ of mandamus or any other appropriate writ, order or directions in the nature of mandamus.

¶136

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¶137

wp116216.odt

¶138

The learned advocate for the petitioners points out one more order dated 28^th April, 2016, passed by this Court ( Coram: S.S.Shinde and Sangitrao S. Patil, JJ. ) in Writ Petition No.808/2016 with Writ Petitions No.1317/2016, 10338/2015, 10860/2015, 1169/2016, 1164/2016, 1114/2016, 1176/2016, 1171/2016, 1098/2016 and 3560/2016, wherein this Court has granted interim relief by issuing the following order:

¶139

“3 The Petitions in which proposals for approval are not submitted by the concerned Colleges/Institutions, they shall submit the proposals for approval within four weeks from today to the concerned Divisional Social Welfare Offcer. Upon receiving such proposals, the concerned Divisional Social Welfare Offcer shall take decision, in accordance with the procedure/State policy within eight weeks thereafter.

¶140

4 In case wherein the

¶141

Institutions/Colleges have already submitted the proposals for approval, the concerned Divisional Social Welfare Offcer shall take decision on the said proposals within eight weeks from today. The cases/Petitions where the approval is gr anted for the appointment of the petitioners, keeping in view the orders passed by the Principal Seat of Bombay High Court in cases of Shri Annasaheb S. Ghuge and others V/s The State of Maharashtra & ors in Writ Petition No.2858 of 2016 and other connected

¶142

wp116216.odt

¶143

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¶144

matters, Smt. Laxmibai Yallappa Khandare and others V/s The State of Maharashtra and ors in Writ Petition No.1923 of 2016 and other connected matters, and also the order passed by the Bombay High Court, Bench at Nagpur in the case of Shri Shivaji S/o Babanrao Shelgaonkar and others V/s The State of Maharashtra and others in Writ Petition No.818 of 2016 and other connected matters, Rule. The learned standing counsel waives service on Rule.

¶145

5 The Petitions in which already no interim directions are issued to pay the petitioners 50% of the arrears towards salary, we direct the Respondents to pay to the petitioners 50% of the arrears towards salary on or before 10^th June, 2016, subject to the petitioners’i furnishing an Undertaking to the effect that in case, the Petitions fail, the petitioners will refund the amount within a period of six weeks before the concerned authority from the date of fnal order. Such an undertaking to be flled within a period of two weeks from today. However, we make it clear that the Petitions in which already such directions are issued, this clause will not be applicable.

¶146

6 The Respondents shall also pay regular salary to the petitioners whose services are approved and who are working on the sanctioned posts during the pendency of these petitions.”

¶147

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¶148

It is, thus, obvious and also undisputed by the parties that, by the interim orders reproduced above, fnal relief has already been granted to these petitioners since their cases were scrutinised on their merits and approvals were granted. However, insofar as arrears of payments are concerned, 50% of the arrears, as payable on the date of the fling of these petitions and as per their entitlements, have directly been paid to these teachers.

¶149

In view of the above, all these petitions stand worked out and are allowed in terms of the interim orders, both dated 28^th April, 2016, respectively. So also, considering the directions issued by this Court at the Nagpur Bench in Contempt Petition No.184/2016 and connected matters, dated 26.10.2016, we are issuing similar directions to the respondents to release the residual arrears of the eligible petitioners i.e. remainder amount of 50% arrears, if not already paid, as expeditiously as possible and preferably within a period of twelve weeks from today.

¶150

Rule is made absolute in the above terms.

¶151

All pending Civil Applications stand disposed off.

¶152

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¶153

In order to avoid unnecessary litigation by teachers, who are similarly placed, we deem it appropriate to reiterate the observation of this Court ( Coram: S.S.Shinde and P.R.Bora, JJ .) vide its order dated 03^rd February, 2016 in Writ Petition No.1162 of 2016 and group of matters, that the relief granted to the petitioners herein would also be extended by the respondents to similarly situated employees.

¶154

(AVINASH G. GHAROTE) JUDGE

¶155

(RAVINDRA V. GHUGE) JUDGE

¶156

adb

Sanjay Dadarao Pawar and Others v. the State of Mahrashtra and Others

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Sanjay Dadarao Pawar and Others v. the State of Mahrashtra and Others

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