Dr Manisha Bharat Salunkhe vs the State of Maharshtra and Ors.

211+204+167(FC)(Corrected).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.2345 OF 2014

Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee, Through its Secretary, Shri. Dattatray Narayan Patil At & Post: Bhamate, Taluka: Karveer, District: Kolhapur. …Petitioner

¶5

Versus

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The State of Maharashtra, Through its Chief Secretary, General Administration Department, Mantralaya, Mumbai – 400 032

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The State of Maharashtra, Through the Secretary, Ministry of Finance, Mantrayala, Mumbai – 400 032

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The Secretary, Government of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 400 032.

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The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

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The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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1 of 115

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Kartikeya

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6.	The Deputy Director of Education, (Secondary and Higher Secondary), Kolhapur Division, Kolhapur.
7.	The Deputy Director of Education, (Secondary and Higher Secondary), Pune Division, Pune.
8.	The Deputy Director of Education, (Secondary and Higher Secondary), Nashik Division, Nashik.
9.	Education Officer (Primary), Zilla Parishad, Solapur.
10.	Education Officer (Secondary), Zilla Parishad, Solapur.
11.	Education Officer (Secondary), Zilla Parishad, Ratnagiri.
12.	Education Officer (Secondary), Zilla Parishad, Raigad.
13.	Education Officer (Secondary), Zilla Parishad, Sindhudurg.
14.	Education Officer (Secondary), Zilla Parishad, Satara.
15.	Education Officer (Secondary), Zilla Parishad, Sangli
16	Education Officer (Secondary), Zilla Parishad, Nashik.
17.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Solapur
18.	The Superintendent, (Secondary),

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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2 of 115

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Kartikeya

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	Pay and provident Fund Unit, Zilla Parishad, Solapur.
19.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Ratnagiri.
20.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Sindhudurg.
21.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Satara.
22.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Sangli
23.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nashik.
24.	Education Officer (Primary), Zilla Parishad, Sangli.
25.	Education Officer (Secondary), Zilla Parishad, Kolhapur.
26.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Sangli.
27.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Kolhapur.	...Respondents

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WITH

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WRIT PETITION NO.4296 OF 2014

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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3 of 115

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Kartikeya

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1	Kalpana Khirappa Patil
2	Pol Ujawala Chandrakant
3	Jagatap Latika Ankush
4	Dilip Pandurang Kirmate
5	Gadale Sujata Shivaji
6	Bagul Jyoti Vasudev
7	Kulkarni Sandhya Narsingh
8	Toravane Minakshi Sahebrao
9	Tambe Vaishali Hemant
10	Gandhale Rupali Govind
	All residing At & Post: Shirwal,
	Taluka: Khandala, District: Satara.	…Petitioners
	Versus
1.	The State of Maharashtra, Through its Chief Secretary,
	General Administration Department,
	Mantralaya, Mumbai – 400 032
2.	The State of Maharashtra,
	Through the Secretary,
	Ministry of Finance,
	Mantralaya, Mumbai – 400 032.
3.	The Secretary,
	Government of Maharashtra,

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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4 of 115

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Kartikeya

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Department of School Education and Sports, Mantralaya, Mumbai – 400 032.

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The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

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The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

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The Deputy Director of Education, (Secondary and Higher Secondary), Kolhapur Division, Kolhapur.

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Education Officer (Secondary), Zilla Parishad, Satara.

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The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Satara. ...Respondents

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WITH

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WRIT PETITION NO.5180 OF 2019

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Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee, Through its Executive President,

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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5 of 115

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Kartikeya

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	Shri. Dattatray Narayan Patil At & Post: Bhamate, Taluka: Karveer, District: Kolhapur.	…Petitioner
	Versus
1.	The State of Maharashtra, Through its Chief Secretary, General Administration Department, Mantralaya, Mumbai – 400 032
2.	The State of Maharashtra, Through the Secretary, Ministry of Finance, Mantrayala, Mumbai – 400 032
3.	The Secretary, Government of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.
4.	The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.
5.	Government of India, Ministry of Finance (Department of Economic Affairs), ECB & PR Division, New Delhi. Through the Central Govt. Advocate, Ministry of Law & Affairs, AaykarBhawan, Mumbai-22.
6.	The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

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7. The Deputy Director of Education,

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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6 of 115

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Kartikeya

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Mumbai Division, Mumbai.

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8.	The Deputy Director of Education, Pune Division, Pune.
9.	The Deputy Director of Education, Kolhapur Division, Kolhapur.
10.	The Deputy Director of Education, Nashik Division, Nashik.
11.	The Deputy Director of Education, Aurangabad Division, Aurangabad.
12.	The Deputy Director of Education, Latur Division, Latur.
13.	Education Inspector, Municipal Corporation of Greater Mumbai, Western Zone, Mumbai (W).
14.	Education Inspector, Municipal Corporation of Greater Mumbai, North Zone, Mumbai.
15.	Education Officer, (Primary), Thane Municipal Corporation School Board,Thane.
16.	Administrative Officer, (Primary), Education Board, Pimpari-Chinchwad Municipal Corporation, Pimpari, Pune-18.
17.	Education Officer, (Primary) Zilla Parishad, Pune.
18.	Education Officer, (Secondary) Zilla Parishad, Pune.
19.	Education Officer (Primary),

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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7 of 115

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Kartikeya

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Zilla Parishad, Thane.

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20.	Education Officer (Secondary), Zilla Parishad, Thane.
21.	Education Officer (Secondary), Zilla Parishad, Palghar
22.	Education Officer (Primary), Zilla Parishad, Raigad.
23.	Education Officer (Secondary), Zilla Parishad, Raigad.
24.	Education Officer (Primary), Zilla Parishad, Kolhapur.
25.	Education Officer (Secondary), Zilla Parishad, Kolhapur.
26.	Education Officer (Secondary), Zilla Parishad, Solapur.
27.	Education Officer (Primary), Zilla Parishad, Sangli.
28.	Education Officer (Secondary), Zilla Parishad, Sangli.
29.	Education Officer (Primary), Zilla Parishad, Satara.
30.	Education Officer (Secondary), Zilla Parishad, Satara.
31.	Education Officer (Secondary), Zilla Parishad, Ratnagiri.
32.	Education Officer,(Primary), Zilla Parishad, Nashik.

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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8 of 115

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Kartikeya

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33.	Education Officer,(Secondary), Zilla Parishad, Nashik.
34.	Education Officer (Secondary), Zilla Parishad, Aurangabad.
35.	Education Officer (Primary), Zilla Parishad, Beed.
36.	Education Officer (Secondary), Zilla Parishad, Beed.
37.	Education Officer (Primary), Zilla Parishad, Jalgaon.
38.	Education Officer (Secondary), Zilla Parishad, Jalgaon.
39.	Education Officer (Secondary), Zilla Parishad, Nandurbar.
40.	Education Officer (Primary), Zilla Parishad, Osmanabad.
41.	Education Officer (Secondary), Zilla Parishad, Osmanabad.
42.	Education Officer (Primary), Zilla Parishad,Parbhani.
43.	Education Officer (Secondary), Zilla Parishad,Parbhani.
44.	The Superintendent, Municipal Corporation of Greater Mumbai, Western Zone, Mumbai (W).
45.	The Superintendent, Municipal Corporation of Greater Mumbai, North Zone, Mumbai.

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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9 of 115

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Kartikeya

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46.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Pune.
47.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Pune.
48.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Thane.
49.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Thane.
50.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Palghar.
51.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Raigad.
52.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Raigad.
53.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Kolhapur.
54.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Kolhapur.
55.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Solapur.
56.	The Superintendent, (Primary),

¶69

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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10 of 115

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Kartikeya

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Pay and Provident Fund Unit, Zilla Parishad, Sangli.

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57.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Sangli.
58.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Satara.
59.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Satara.
60.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Ratnagiri.
61.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Nashik.
62.	The Superintendent, (Sec. & Higher Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nashik.
63.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Aurangabad.
64.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Beed.
65.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Beed.
66.	The Superintendent, (Primary),

¶75

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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11 of 115

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Kartikeya

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Pay and Provident Fund Unit, Zilla Parishad, Parbhani.

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67.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Parbhani.
68.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Osmanabad.
69.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Osmanabad.
70.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Jalgaon.
71.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Jalgaon.
72.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nandurbar.
73.	Education Officer, (Primary) Zilla Parishad, Dhule
74.	Education Officer (Secondary), Zilla Parishad, Dhule
75.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Wardha.
76.	The Superintendent, (Sec. & Higher Secondary), Pay and Provident Fund Unit, Zilla Parishad, Dhule.	…Respondents

¶81

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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12 of 115

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Kartikeya

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WITH

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WRIT PETITION NO.8504 OF 2022

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Swati Sharad Sawant, Age: 61 years, Residing at: B/3, 203, Panchsheel Co-op. Housing Society, Indraprastha Complex, Navghar Road, Bhayandar (E) – 401 105. … Petitioner

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Versus

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The State of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.

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The Administrative Officer, Mira-Bhayandar Municipal Corporation School Board, Chhatrapati Shivaji Maharaj Marg, Thane 401 101.

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The Education Officer (Primary), Thane Zilla Parishad, Thane.

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The Superintendent (Primary) Pay and Provident Fund Unit, Thane Zilla Parishad, Thane.

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Nutan Balshikshan Sangh: Vikaswadi, Kosbad Tekvdi Tal: Dahanu, Dist:- Palghar-401703

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Vikaswadi Primary School, Vikaswadi, Kosbad, Tekvdi. Tal: Dahanu, Dist: Palghar-401703 ...Respondents

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WITH

¶96

WRIT PETITION NO.11794 OF 2018

¶97

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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13 of 115

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Kartikeya

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Shree Ingole Laxman Shankar Age-47 years, Working as Assistant teacher. At Madhyamik School at Poyanje, Post : Poyanje, Taluka: Panvel, District- Raigad. 2. Smt. Magare Sangeeta Bhaskar Age-47 years, Working as Assistant teacher. At, Madhamic School, Kopara, Post: Kopara, Taluka: Panvel, District- Raigad. 3. Smt. Patil Saee Ajay Alias Patil Ssairandri Laximan Age-53 years, Working as Assistant teacher. At K.A. Bhantia High School, at New Panvel, Taluka: Panvel, District-Raigad.

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Shree Patil Jayendra Bama Age-49 years, Working as Assistant teacher at Adya Karantiveer Vasudeo Balavant Phadake Madhyamik Vidyalaya, Shiradhone, Tal: panvel, Dist; Raigad. 5. Shree Amarnath Mahadev patil Age-50 years, Working as Assistant teacher. At Working as Assistant teacher at Madhyamik School at Poyanje, Post: Poyanje, Taluka:Panvel, District: Raigad.

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Shree Gunjal Sunil Ramant Age-45 years, Working as Assistant teacher. At Working as Assistant teacher at Adya Karantiveer Vasudeo Balvant

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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14 of 115

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Kartikeya

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Phadake Madhyamik Vidyalaya, Shiradhone, Tal: Panvel, Dist; Raigad. 7. Smt. Patil Kalpana Raghunath Alias Kalpana Shivaji Durge Age-46 years, Working as Assistant teacher at Adya Karantiveer Vasudeo Balvant Phadake madhyamik Vidyalaya, Shiradhone, Tal: Panvel, Dist; Raigad. 8. Shree Kanvade Savelram Gangadhar Age-50 years, Working as Assistant teacher. At Madhyamik School at Poyanje, Post: Poyanje, Taluka: Panvel, District-Raigad … Petitioners Versus 1. Chief Secretary, General Administration Department, The State of Maharashtra, Mantralay, Mumbai-400032. 2. The Secretary, Ministry of Finance, The State of Maharashtra, Mantralay, Mumbai-400032. 3. The Secretary, Government of Maharashtra, Department of School Education, And Sports, Mantralay, Mumbai-400032. 4. The Secretary, Government of Maharashtra, Rural Development Department,

¶109

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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15 of 115

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Kartikeya

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Mantralay, Mumbai-400032.

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The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

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The Deputy Director of Education, (Secondary and Higher Secondary), Charni Road, Mumbai.

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The Education Officer, (Secondary), Raigad Zilla Parishad, Alibag.

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The Superintendent (Secondary), Pay & Provident Funds Unit, Raigad Zilla Parishad, Alibag. ...Respondents

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WITH

¶119

WRIT PETITION NO.8357 OF 2024

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Mrs. Alka Kishor Argade Age-58, Occu-working as Assistant Teacher, Sidheshwar High School Solapur, District-Solapur ...Petitioner

¶121

Versus

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The State of Maharashtra Through its Chief Secretary Ministry of Finance Department, State of Maharashtra, Mantralaya, Mumbai-400032

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2. The State of Maharashtra

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This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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16 of 115

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Kartikeya

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Through Secretary of School Education Department, State of Maharashtra Mantralaya, Mumbai-400032

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Director of Education, Directorate of Education, Maharashtra State, Pune having Office at Central Building, Pune

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Deputy Director of Education, Pune Region, having address at 17, Dr. Ambedkar Marg, Pune-01

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The Superintendent, Pay & Provident Fund Unit (Secondary), Pune Region.

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Education Officer, (Secondary) Zilla Parishad, Solapur

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Head Master/Principle Sidheshwar Girls High School Solapur, District-Solapur.

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Head Master/Principle Sidheshwar High School Solapur, District-Solapur

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Sidheshwar Doesthan Shaikshanik Samiti, through its Secretary Solapur, District-Solapur ...Respondents

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WITH

¶137

WRIT PETITION NO.3484 OF 2016

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Mrs. Meenakshi Dinesh Medpalli, age about 38 years, Occu. Service, residing at Chanakyanagar, Plot No. 108B, Vijapur Road, Jule

¶139

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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17 of 115

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Kartikeya

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Solapur-2. ...Petitioner

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Versus

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The State of Maharashtra through its Secretary, Finance Department, Mantralaya, Mumbai-400032;

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The Deputy Director of Education, Pune Division, Pune.

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The Principal, Swami Vivekanand Prashala and Junior college, Madha Society, Jule Solapur ...Respondents

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WITH

¶149

WRIT PETITION NO.3375 OF 2014

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Kusumade Uttam Murlidhar Age: 47 years, Occ: Teacher, R/o. A-37, Bhagya Laxmi Park, Near Indian Model School, Jule, Solapur, Dist: Solapur

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Jadhav Chandrakant Jyotiba Age: 40 years, Occ: Teacher, R/o. A-15, Bhagya Laxmi Park, Near Indian Model School, Jule, Solapur, Dist: Solapur

¶152

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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18 of 115

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Kartikeya

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3.	Kate Jyotiba Vithal
	Age: 41 years, Occ: Teacher, R/o. 157, Raghvendra Nagar, Near Saiful, Vijapur Road,
	Solapur – 4.
4.	Mrs. Adsul Archana Vijay ) Age: Adult, Occ: Teacher, )
	R/o. 5, Purnima Housing Society, Behind Mahila Hospital, Near BSNL Office, Hotgi Road, Solapur-3	... Petitioners
	Versus
1.	The State of Maharashtra Through its Chief Secretary General Administration Department Mantralaya, Mumbai- 400 032
2.	The State of Maharashtra Through the Secretary, Ministry of Finance, Mantralaya, Mumbai - 400 032
3.	The Secretary Government of Maharashtra Department of School Education,
	And Sports, Mantralaya, Mumbai
4.	The Secretary,
	Government of Maharashtra,
	Rural Development Department,
	Mantralaya, Mumbai - 400 032

¶157

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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19 of 115

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Kartikeya

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5.	The Director of Education (Secondary and Higher Secondary) State of Maharashtra, Pune
6.	The Deputy Director, Education, (Secondary and Higher Secondary Solapur Division, Solapur
7.	The Education Officer (Secondary) Zilla Parishad, Solapur
8.	The Superintendent, (Secondary Pay and Provident Fund Unit, Zilla Parishad, Solapur
9.	Chandrabhagabai Yalgulwar Prashala And Higher Secondary School, Vikas Nagar, Hotgi Road, Solapur ...Respondents
	WITH WRIT PETITION NO.9241 OF 2024
	Smt. Snehlata Rajendra Gad Age: 60 Years, Occ. Retired, At Post- Phonda Ghat (Haveli Nagar) Taluka- Kankavali, District- Sindhudurg Pin-416812 ...Petitioner
	Versus
1.	State of Maharashtra
2.	The Education Officer
	(Secondary) Zilla Parishad,
	Sindhudurg - 416812

¶162

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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20 of 115

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Kartikeya

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The Deputy Director of Education Kolhapur region, Kolhapur

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The Accountant General, State of Maharashtra. Address-2^nd Floor, Pratishtha Bhavan, 101 Maharshi Karve Road, New Marine Lines, Mumbai-400020

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The Phondaghat Education Society, Pondaghat.

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New English School, Pondaghat, 5 & 6- Pondaghat, Tal- Kankawali, District Sindhudurg. ...Respondents

¶170

WITH

¶171

WRIT PETITION NO.283 OF 2024

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Leena Dipak Patil @ Leena Vijay Chaudhari Age:40, Occu: Assistant Teacher, R/O. New Mumbai Municipal School No.55, Ambedkarnagar, New Mumbai.

¶173

...Petitioner

¶174

Versus

¶175

The State of Maharashtra Through Secretary, Finance Department, Mantralaya, Mumbai-32.

¶176

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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21 of 115

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Kartikeya

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The Secretary, Urban Development Department, Mantralaya, Mumbai-32. 3. The Commissioner, New Mumbai Municipal Corporation, Plot no. 1, Sector 15, CBD, Navi Mumbai. 4. The Dy. Commissioner (Edu), New Mumbai Municipal Corporation, Plot no.1, Sector 15, CBD, Navi Mumbai ...Respondents WITH WRIT PETITION NO.9445 OF 2024 Pawan Badri Singh, Aged about 59 years, Occupation: Retired (Assistant Teacher) R/o. Vinayak Residency, A/303, Savarkar Nagar, Titwala (East), Tal. Kalyan, District: Thane. ...Petitioner Versus 1. The State of Maharashtra, School Education Department, Mantralaya, Mumbai - 400 032. Through the Principal Secretary, 2. Deputy Director of Education, Mumbai Division, Mumbai, Office: Javahar Bal Bhavan, Charni Road, Mumbai - 400 004.

¶181

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶182

22 of 115

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Kartikeya

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211+204+167(FC)(Corrected).odt

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Education Officer (Secondary) Zilla Parishad, Thane, District: Thane 4. Hindi Prachar Mandal, Office: Chittaranjan Das Road, Opposite Ram Nagar Police Station, Dombivali (East), District: Thane. Through its President/ Secretary 5. The Headmaster, Hindi Prachar Mandal, Hindi High School, Office: Chittaranjan Das Road Opposite Ram Nagar Police Station, Dombivali (East), District: Thane. 6. Bharatiya Education Society, Ulhasnagar, Through its President/Secretary, Office: 17 Section, Near Sapna Garden Ulhasnagar-3, District: Thane. 7. Bharatiya Hindi High School and Junior College, Ulhasnagar, 17, Section, Near Sapna Garden, Ulhasnagar-3, District: Thane. Through its Headmaster. ...Respondents

¶186

WITH CONTEMPT PETITION NO.4 OF 2024 IN WRIT PETITION NO.10385 OF 2022

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Mrs. Dr. Manisha Bharat Salunkhe Age: 49 years, Occu: Junior College Lecturer R/O: 50/5-6, ‘Shanti’ Near Ambai Tank,

¶188

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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23 of 115

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Kartikeya

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	Rankala Park, Tal Karveer District Kolhapur ...Petitioner
	Versus
1.	Shri Mahesh J Chothe The Deputy Director of Education Kolhapur Region, Kolhapur.
2.	The Secretary Sports and Education Department ...Respondents
	WITH WRIT PETITION NO.8853 OF 2024
1.	Popat Shivaji Nikam, Age-48 Presently residing at post-Arag, Tal-Miraj Dist -Sangli
2.	Krishnaji Pandurang Gavade, Age-49 Presently residing at post - Mangale Tal - Shirala, Dist - Sangli
3.	Sau. Chhaya Bhimrao Salunkhe, Age-59 (Chhaya Atmaram Chavan) Presently residing at post - Mangale Tal- Shirala, Dist – Sangli.
4.	Suhas Narayan Balekar, Age-44 Presently residing at post - Kambale Lavagan (Saitavade) Tal/Dist-Ratnagiri
5.	Sunita Dhondu Tamhankar, Age-48 (Manali Milind Mestri)
	Presently residing at post-Magtamhane

¶193

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

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24 of 115

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Kartikeya

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	Tal- Chiplun, Dist - Ratnagiri
6	Shilpa Krishna Kamble, Age- 43 Presently residing at post - Hatkhamba Dangewadi Dist - Ratnagiri.
7.	Kishor Bala Kanekar, Age-45 Presently residing at post - Moravande (Sutarwadi) Tal-Khed, Dist - Ratnagiri.
8.	Suhasini Suhas Ayare, Age-50 Presently residing at post-Neware Tal/Dist- Ratnagiri
9.	Sandeep Vishwanath Mulye, Age-43 Presently residing at post - Kalzondi Tal/Dist- Ratnagiri
10.	Anita Dattaram Shinde, Age-48 (Sneha Santosh Chavan) Presently residing at post-Kelavali Tal-Rajapur, Dist - Ratnagiri
11.	Pramod Sakharam Tervankar, Age-48 Presently residing at post-Talgaon Tal- Rajapur Dist - Ratnagiri.
12.	Dnyaneshwari Haribhau Badwar, Age-48 (Dnyaneshwai Ravindra Chavanke) Presently residing at post - Nandur Madyameshwar Tal- Niphad Dist - Nashik.
13.	Babitai Chandrasen Patil, Age-57 Presently residing at post

¶198

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶199

25 of 115

¶200

Kartikeya

¶201

211+204+167(FC)(Corrected).odt

¶202

Arag Tal-Miraj Dist-Sangli.

¶203

14.	Mrudula Madhukar Chougule, Age-52 Presently residing at post - Lanja Tal-Lanja, Dist-Ratnagiri
15.	Maheshkumar Vasant Lawand, Age-47 Presently residing at post - Khatgun Tal-Khatav Dist - Satara.
16.	Sangita Vitthal Pisal, Age-48 Presently residing at post - Chorade Bhandmala Tal-Khatav Dist - Satara.
17.	Mangal Sudam Chitalikar, Age-43 Presently residing at post - Chitali Tal-Khatav Dist - Satara.
18.	Nutan Prakash Deshmukh, Age-48 Presently residing at post - Jalgaon, Tal-Khatav Dist - Satara.
19.	Yuvraj Bhujang Godase, Age-45 Presently residing at post - Tardaf Tal- Phaltan Dist – Satara.
20.	Santosh Vinayak Khandagale, Age-45 Presently residing at post - Khandala Tal-Khandala Dist - Satara.
21.	Anita Subhash Jadhav, Age-48 Presently residing at post - Vidani Tal-Phaltan Dist- Satara.
22.	Yamini Pandharinath Katke, Age-43

¶204

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶205

26 of 115

¶206

Kartikeya

¶207

211+204+167(FC)(Corrected).odt

¶208

	Presently residing at post - Wagholi Tal-Haveli Dist - Pune.
23.	Surekha Vasantrao Khairnar, Age-43 Presently residing at post- Soygao Tal- Malegao Dist - Nashik.
24.	Santosh Rama Kamble, Age-45 Presently residing at post - Bamnoli Tal- Sangmeshwar, Dist - Ratnagiri.
25.	Sangita Popatrao Ghorpade, Age-46 Presently residing at post- Satana Tal-Baglan Dist - Nashik.
26.	Sushila Baraku Pawar, Age-47 Presently residing at post - Pimpalgaon Tal- Malegaon Dist - Nashik.
27.	Niraj Prabhudas Vaidya, Age-50 Presently residing at post- Kawalewada Tal-Tirora Dist - Gondia.
28.	Archana Keshav Thakre, Age-53 Presently residing at post - Zalutola (Dawaniwada) Tal/Dist-Gondia.
29	Jayashri Prakash Ubale, Age-43 Presently residing at post- Wagholi (Ubalenagar) Tal-Haveli, Dist-Pune.
30.	Sanjay Maruti Rokade, Age-44 Presently residing at post-Bilashi Tal- Shirala Dist - Sangli.

¶209

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶210

27 of 115

¶211

Kartikeya

¶212

211+204+167(FC)(Corrected).odt

¶213

31.	Sunita Appasaheb Jadhav, Age-53 Presently residing at post-Halkarni Tal-Gadhinglaj, Dist - Kolhapur
32.	Anjana Ganpati Jadhav, Age-53 Presently residing at post-Honyali Tal- Ajara, Dist- Kolhapur.
33.	Suresh Tukaram Mahindkar, Age-46 Presently residing at post – Shittur (warun) Tal- Shahuwadi Dist- Kolhapur.
34.	Rupali Ashok Patil, Age-44 Presently residing at post - Devghat Tal- Malegaon Dist - Nashik.
35.	Vaishali Madhavrav Pawar, Age-48 Presently residing at post - Talwade Tal-Malegaon Dist - Nashik.
36	Archana Khanderao Kharade, Age-48 Presently residing at post - Angar Tal-Mohal Dist - Solapur.
37.	Ghanshyam Sewakram Rahangdale, Ag Presently residing at post - Temni Tal/Dist- Gondia.
38.	Jaysing Mansing Pawar, Age-49 Presently residing at post - Waghjaiwadi Tal-Patan Dist-Satara.
39.	Dadasaheb Nivrutti Jagtap, Age-49 Presently residing at post - Sarkoli Tal-Pandharpur Dist - Solapur.

¶214

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶215

28 of 115

¶216

Kartikeya

¶217

211+204+167(FC)(Corrected).odt

¶218

40.	Shobha Prakash Patil, Age-53 Presently residing at post - Kadgaon Tal-Gadhinglaj Dist - Kolhapur.
41.	Gunshila Shrinivas Rajole, Age-48 Presently residing at post - Ghoti Tal-Madha Dist - Solapur.
42.	Hanmant Dagadu Subhedar, Age-52 Presently residing at post Wadala Tal-North Solapur, Dist - Solapur.
43.	Pandit Gopal Pawar, Age-46 Presently residing at post - Pawar Vasti Vad Degaon Tal-Mohal Dist - Solapur.
44.	Sharad Shankar Chavan, Age-43 Presently residing at- Biragwadi, Post-Ashti Tal-Mohal Dist-Solapur.
45.	Anil Subhash Rayakar, Age-42 Presently residing at post - Pimpalwadi Tal-Junnar Dist - Pune.
46	Sushama Baburao Saste, Age-43 Presently residing at post - Shriram Society, Chandangar
	Nagar Road Pune, Dist – Pune.
47.	Ashalata Dipak Mahind, Age-49 Presently residing at post - Deverashtre Tal-Kadegav Dist - Sangli.
48.	Indubai Khandu Pawar, Age-55
	Presently residing at post-Utarane

¶219

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶220

29 of 115

¶221

Kartikeya

¶222

211+204+167(FC)(Corrected).odt

¶223

Tal-Satana Dist - Nashik.

¶224

49.	Ravindra Shankar Damude, Age-52 Presently residing at post-Mahude B.K Tal. Bhor, Dist - Pune
50.	Jaydevi Achyutrao Mulik, Age-45 Presently residing at post - Walti Shindawane Tal-Haveli Dist - Pune
51	Pushpkala Tekeshwar Yele, Age-58 Presently residing at post - Buchatola Sukadi/dak Tal-Tiroda Dist - Gondiya.
52.	Sangita Dinkar Kulkarni, Age-48 Presently residing at post - Nimboni Tal- Mangalwedha Dist - Solapur.
53.	Mrs. Savita Madhavrao Kapdnis, Age-43 Presently residing at post - Damodhar Nivas, Malegaon Satana Tal- Beglan Dist - Nashik.
54.	Swati Dinkar Hande, Age-42 (Swati Balasaheb Dhomase) Presently residing at post - Warulwadi, Tal- Junnar Dist- Pune.
55.	Manikrao Balaram Kamble, Age-59 Presently residing at post Dawanjwada Tal/Dist-Satara.
56.	Ashalata Nandkishor Jadhav, Age-47 Presently residing at post - Bamvade

¶225

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶226

30 of 115

¶227

Kartikeya

¶228

211+204+167(FC)(Corrected).odt

¶229

Tal-Patan Dist-Satara.

¶230

57.	Nagesh Narayan Khandekar, Age-42 Presently residing at post Shivatola, post-Tanda Tal/Dist-Gondia.
58.	Surekha Motiram Shewale, Age-49 Presently residing at post - Nandra Tal/Dist - Dhule.
59.	Poonam Sachin Nanaware, Age-43 59 Presently residing at post - Modhave Murti Tal-Baramati Dist - Pune.
60.	Alka Dilip Wagh, Age-55 Presently residing at post - Takali Tal-Malegain Dist - Nashik.
61.	Meena Shankar Jagtap, Age-44 Presently residing at post - Shirgaon Tal-Shahuwadi Dist - Kolhapur.
62.	Suvarna Tukaram Patil, Age-45 Suvarna Mahadev Patil Presently residing at post - Save Tal-Shahuwadi Dist - Kolhapur.
63.	Kiranbai Kashinath Deore, Age-48 Presently residing at post - ManchandepadaTal-Sakri Dist - Dhule.
64.	Kalpana Kashinath Ingale, Age-53 Presently residing at post-Nitane Tal. Baglaon Dist- Nashik

¶231

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶232

31 of 115

¶233

Kartikeya

¶234

211+204+167(FC)(Corrected).odt

¶235

Anita Dashrath Gaikwad, Age-50 Presently residing at post Magarwadi Karanje Tal. Baramati, Dist Pune.

¶236

Sunita Raghunath Jagtap, Age-55 Presently residing at post-5 Matoshree Row, Gangasagar row House 5, Swati Samarth Nagar, Bhadrapad, Dist- Nashik.

¶237

Sanjay Atmaram Patil, Age-46 Presently residing at post – Anuskura Tal- Shahuwadi Dist - Kolhapur.

¶238

Mahandule Vishwanath Dagadu, Age-44 At-Ruikhel, Post-Mandavgan Tal. Shrigonda, Dist- Ahamadnagar

¶239

Molak Ratnabai Namdev, Age-47 Presently residing at post Pantnagar TalShrigonda Dist- Ahamadnagar.

¶240

Bhimashankar Tabaji Hande, Age-48 Presently residing at post - Lingdv Tal-Akole Dist- Ahamadnagar.

¶241

Asha Gangdhar Paymode, Age-50 Presently residing at post-Kotul Tal- Akole Dist- Ahamadnagar.

¶242

Chhaya Madhav Tormal, Age-48 Presently residing at post - Kotul Tal-Akole Dist- Ahamadnagar.

¶243

73 Mangal Laxman Panpatil, Age-53 Presently residing at post-

¶244

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶245

32 of 115

¶246

Kartikeya

¶247

211+204+167(FC)(Corrected).odt

¶248

Rajgruh Samtanagar Tambhol Tal-Akole, Dist- Ahamadnagar.

¶249

74.	Ravsaheb Devrao Thakare, Age-54 Presently residing at post-Talwade Digar Tal- Baglan Satana Dist- Nashik.
75.	Dattatray Vasant Falake, Age-48 Presently residing at post Pandharewadi Tal-Pandharpur Dist - Solapur.
76.	Manisha Prakash Patil, Age-47 Presently residing at post - Shere Tal-Karad Dist-Satara.
77.	Maya Kisans Suryavanshi, Age-47- Presently residing at post-Mungshe, Tal-Malegaon, Dist-Nashik.
78.	Chandrakant Jagnnath Warule, Age-45 Presently residing at post-Gopalvasti Tal-Yevala, Dist-Nashik.
79.	Sadhana Shamrao Patil, Age-53 Presently residing at post-Shirpur, Dist-Dhule.
80.	Pratibha Vishwas Devare, Age-53 Presently residing at post-Deur Tal/Dist-Dhule.
81.	Devendra Lakharam Choudhari, Age-57 Tal/Dist-Gondia. ...Petitioners Versus

¶250

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶251

33 of 115

¶252

Kartikeya

¶253

211+204+167(FC)(Corrected).odt

¶254

The State of Maharashtra, Through its Secretary. School, Education and Sports Department, Mantralaya, Mumbai-32

¶255

The State of Maharashtra, Ministry of Finance, Mantralaya, Mumbai-32.

¶256

The State of Maharashtra, Rural Development Department Through the Secretary, Mantralaya, Mumbai-32.

¶257

Govt. of India, Ministry of Finance, (Department of Economic Affairs) ECB & PR Division, New Delhi, Through the Central Govt. Advocate Ministry of Law & Affairs, Aykar Bhavan, Mumbai-22.

¶258

The Director of Education (Primary) Maharashtra State, Pune-01.

¶259

Sangli Zilla Parishad, Through the Chief Executive Officer Sangli.

¶260

The Education Officer (Primary) Zilla Parishad Sangli, Sangli.

¶261

Ratnagiri Zilla Parishad, Through the Chief Executive Officer Ratnagiri.

¶262

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶263

34 of 115

¶264

Kartikeya

¶265

211+204+167(FC)(Corrected).odt

¶266

9.	Education Officer (Primary) Zilla Parishad Ratnagiri, Dist-Ratnagiri.
10.	Pune Zilla Parishad, Through the Chief Executive Officer Pune.
11.	Education Officer (Primary) Zilla Parishad Pune, Dist- Pune.
12.	Ahmednagar Zilla Parishad, Through the Chief Executive Officer Ahmedgnagar.
13.	Education Officer (Primary) Zilla Parishad Ahmednagar Dist- Ahemadnagar.
14.	Kolhapur Zilla Parishad, Through the Chief Executive Officer Kolhapur.
15.	Education Officer (Primary) Zilla Parishad Kolhapur, Dist- Kolhapur.
16.	Dhule Zilla Parishad, Through the Chief Executive Officer Dhule.
17.	Education Officer (Primary) Zilla Parishad Dhule, Dist-Dhule.

¶267

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶268

35 of 115

¶269

Kartikeya

¶270

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¶271

18.	Nashik Zilla Parishad, Through the Chief Executive Officer Nashik
19.	Education Officer (Primary) Zilla Parishad Nashik, Dist-Nashik.
20.	Satara Zilla Parishad, Through the Chief Executive Officer Satara
21.	Education Officer (Primary) Zilla Parishad Satara Dist- Satara
22.	Gondia Zilla Parishad, Through the Chief Executive Officer Gondia.
23.	Education Officer (Primary) Zilla Parishad Gondia Dist- Gondia
24.	Solapur Zilla Parishad, Through the Chief Executive Officer, Solapur.
25.	Education Officer (Primary) Zilla Parishad Solapur,
	Dist- Solapur	… Respondents

¶272

WITH

¶273

WRIT PETITION NO.25 OF 2024

¶274

Mrs. Dr Manisha Bharat Salunkhe

¶275

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶276

36 of 115

¶277

Kartikeya

¶278

211+204+167(FC)(Corrected).odt

¶279

Age: 49 Y, Occu: Assistant Teacher R/O: 50/5-6, Shanti’ Near Ambai Tank, Rankala Park, Tal. Karveer District Kolhapur ...Petitioner

¶280

	Versus
1.	The State of Maharashtra
2.	The Accountant General, State of Maharashtra, Maharshi Karve Road, Mumbai-1
3.	The Deputy Director of Education (Secondary & Higher Secondary), Kolhapur
4.	Educational officer (Secondary) Zilla Parishad Kolhapur
5.	The Chairman/Secretary Shri Sami Vivekanand Shikshan Sanstha, Kolhapur,Tal: Karveer, Dist: Kolhapur
6.	The Principal, Vivekanand Junior College, Kolhapur, Dist: Kolhapur ...Respondents
	WITH WRIT PETITION NO.8502 OF 2022
	Babasaheb Balbhim Fopale Age 55 yrs., Occ: Service, R/at. At post Bavi (A), Tal. Barshi, District Solapur …Petitioner Versus

¶281

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶282

37 of 115

¶283

Kartikeya

¶284

211+204+167(FC)(Corrected).odt

¶285

State of Maharashtra Through Principal Secretary, School Education and Sports Department, Mantralaya, Mumbai.

¶286

Deputy Director of Education (Secondary) Mumbai Division, Mumbai

¶287

Education Officer (Secondary), Zilla Parishad, Raigad.

¶288

The Superintendent (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Raigad

¶289

Chairman/Secretary, Narmadeshwar Shikshan Prasarak Mandal Malegaon, Taluka Barshi, District Solapur.

¶290

The Headmaster, Madhyamik Vidyalaya, Sakhar Taluka Poladpur, District Raigad. ...Respondents

¶291

AND

¶292

(SR NO.204)INTERIM APPLICATION NO.15089 OF 2023 IN

¶293

WRIT PETITION NO.3026 OF 2014

¶294

Kamalankar Laxman Pawar

¶295

Shbham Arcade, Sector 22,

¶296

Plot No 17, Kamothe, Room No 304,

¶297

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶298

38 of 115

¶299

Kartikeya

¶300

211+204+167(FC)(Corrected).odt

¶301

New Mumbai Pin 410209

¶302

Nanda Maruti Adkar

¶303

Since deceased through legal heirs

¶304

2a. Maruti B. Adkar

¶305

Age about 70 years, Occ. Retired.

¶306

2b. Umesh Maruti Adkar Age 35 Years, Occ. Nil

¶307

2c. Akshay Maruti Adkar Age 32 years Occ. Nil

¶308

Applicant Nos. 2 a to 2 c Residing at 502 B, Kamala Residency, Sahakar Nagar, Khopoli, Khalapur. ... Applicants

¶309

In the matter between

¶310

Dhananjay Jotiram Das

¶311

Block No.2, Trimurti Niwas Veena Nagar Khopoli.

¶312

Siddharth Devrao Shinde

¶313

Shivang apt Block NO.06 Indira Nagar, Lower Khopoli.

¶314

Kamalankar Laxman Pawar

¶315

Shbham Arcade, Sector 22,

¶316

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶317

39 of 115

¶318

Kartikeya

¶319

211+204+167(FC)(Corrected).odt

¶320

Plot No 17, Kamothe, Room No 304,

¶321

New Mumbai Pin 410209

¶322

4. Vaishali Ambadas Pathak

¶323

Kalpataru Hsg Soc; Room NO 2D Near Post Office, Upper Khopoli

¶324

Nanda Maruti Adkar

¶325

Since deceased through legal heirs

¶326

5a. Maruti B. Adkar

¶327

Age about 70 years, Occ. Retired.

¶328

5b. Umesh Maruti Adkar Age 35 Years, Occ. Nil

¶329

5c. Akshay Maruti Adkar

¶330

Age 32 years Occ. Nil

¶331

Petitoner Nos. 5 a to 5 c Residing at 502 B, Kamala Residency, Sahakar Nagar,

¶332

Khopoli, Khalapur.

¶333

Ujwala Balkrishna Yadav.

¶334

Madhav Residing, B-Wing, Block No.37, Gagangiri Nagar. Khopoli.

¶335

7. Sanjeevani Sanjay Badekar

¶336

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶337

40 of 115

¶338

Kartikeya

¶339

211+204+167(FC)(Corrected).odt

¶340

Nilesh Apt, Vitthal Nagar, Room No. 105 B Wing, Near Govt Hospital, Vitthal Nagar, Tal Karjat. 8. Sayali Santosh Pandere 201, Arham Co-op Hsg Soc; Behind Ruchitra Hotel, Katrap, Badlapur (East), Tal Ambernath, Dist Thane.

¶341

Ashok Dashrath Tupe. Green Lawns D-Wing 202 Near Talathi office, Belawali Badlapur (West), Tal Ambarnath, Thane 421503.

¶342

Vaishali Vinod Pawar Chandan Garden, Block No 205 2^nd Flr, Mogalwadi Katrang Road Khopoli.

¶343

Sushma Kamalakar Polekar F-31/4, Musco Colony, Jagdish Nagar Behind Raigad Bazar Khopli.

¶344

Sunita Sakharam Pandit

¶345

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶346

41 of 115

¶347

Kartikeya

¶348

211+204+167(FC)(Corrected).odt

¶349

205 B-8 B wing, Arihant Garden, Laxmi Nagar, Khopoli.

¶350

1. Kiran Mahendra Bhandare. B-10 Block No 11, Gagangiri Nagar, Khopoli.

¶351

1. Savita Sadashiva Patil C/O Shelawale Madhukar Gajanan Yuraj Apt; Room No 2, 1^st Floor, Vitthal Nagar, Karjat. .. Petitioners Versus

¶352

1. The State of Maharashtra Through the Department of School Education and Sports, Mantralaya, Mumbai.

¶353

1. The Director of Education, Secondary and Higher Secondary, State of Maharashtra.

¶354

1. The Dy. Director of Secondary Education Having its office at Balbhavan, Charni Road

¶355

1. The Education Officer, Zilla Parishad, Raigad.

¶356

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶357

42 of 115

¶358

Kartikeya

¶359

211+204+167(FC)(Corrected).odt

¶360

(Respondents 1 to 3 are to serve through the office of the Government Pleader, Appellate Side, High Court, Mumbai. 5. The Chief officer, Khopoli Municipal Council, Khopoli, Dist. Raigad .. Respondents AND (SR. NO.167)WRIT PETITION NO.1714 OF 2025 1. Smt. Bharati Rajiv Kale Age: 58 years, Occu: Retired, R/o. Toddywala Building, Suparibaug Road, Parel, Mumbai-12 ...Petitioner Versus 1. The State of Maharashtra Through its Secretary, Finance Department, State of Maharashtra, Mantralaya, Mumbai-32. 2. The Secretary, School Education and Sports Department, Mantralaya Mumbai-32

¶361

3. The Deputy Director of Education, Mumbai Region, Mumbai,

¶362

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶363

43 of 115

¶364

Kartikeya

¶365

211+204+167(FC)(Corrected).odt

¶366

Jawahar Balbhavan, Netaji Subhash Marg, Charni Road (W.) Mumbai-400004.

¶367

The Education Inspector, West Zone, Mumbai. 5. The Superintendent, Pay and Provident Fund Unit Education Department, West Zone, Mumbai 6. Patuck Polytechnic Trust, Vakola Bridge, Santacruz (East), Mumbai-400055 Through its President/ Secretary 7. Patuck Technical School & Jr. College (Science & Commerce), Vakola Bridge, Santacruz (East), Mumbai-400055 Through its Principal ...Respondents

¶368

WITH

¶369

WRIT PETITION (ST) NO.33899 OF 2018

¶370

Maharashtra RajyaMadhyamik VaUcchaMadhyamikShalaKruti Samittee,Through its District Executive President, Shri.Dattatray Narayan Patil At & Post: Bhamate, Taluka: Karveer, District: Kolhapur. …Petitioner Versus

¶371

1. The State of Maharashtra,

¶372

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶373

44 of 115

¶374

Kartikeya

¶375

211+204+167(FC)(Corrected).odt

¶376

Through its Chief Secretary, General Administration Department, Mantralaya, Mumbai – 400 032

¶377

1. The State of Maharashtra, Through the Secretary, Ministry of Finance, Mantrayala, Mumbai – 400 032

¶378

1. The Secretary, Government of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.

¶379

1. The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

¶380

1. Government of India, Ministry of Finance (Department of Economic Affairs), ECB & PR Division, New Delhi. Through the Central Govt. Advocate, Ministry of Law & Affairs, AaykarBhawan, Mumbai-22.

¶381

1. The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

¶382

1. The Deputy Director of Education, Pune Division, Pune.

¶383

1. The Deputy Director of Education, Nashik Division, Nashik.

¶384

9. The Deputy Director of Education,

¶385

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶386

45 of 115

¶387

Kartikeya

¶388

211+204+167(FC)(Corrected).odt

¶389

	Aurangabad Division, Aurangabad.
10.	The Deputy Director of Education, Nagpur Division, Nagpur.
11.	Education Officer,(Primary), Zilla Parishad, Nashik.
12.	Education Officer,(Secondary), Zilla Parishad, Nashik.
13.	Education Officer (Primary), Zilla Parishad, Ahmednagar.
14.	Education Officer (Secondary), Zilla Parishad, Ahmednagar.
15.	Education Officer (Primary),
16.	Education Officer (Secondary), Zilla Parishad, Osmanabad.
17.	Education Officer (Primary), Zilla Parishad, Beed.
18.	Education Officer (Primary), Zilla Parishad, Akola.
19.	Education Officer (Secondary), Zilla Parishad, Akola.
20.	Education Officer (Secondary), Zilla Parishad,Yavatmal.
21.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Nashik.
22.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nashik.

¶390

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶391

46 of 115

¶392

Kartikeya

¶393

211+204+167(FC)(Corrected).odt

¶394

23.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Ahmednagar.
24.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Ahmednagar.
25.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Beed.
26.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Osmanabad.
27.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Akola.
28.	The Superintendent, (Secondary & Higher Secondary), Pay and Provident Fund Unit, Zilla Parishad, Akola.
29.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Yavatmal.	…Respondents

¶395

WITH

¶396

WRIT PETITION NO.89 OF 2020

¶397

Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee,Through its District Executive President, Shri. Dattatray Narayan Patil

¶398

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶399

47 of 115

¶400

Kartikeya

¶401

211+204+167(FC)(Corrected).odt

¶402

At & Post: Bhamate, Taluka: Karveer, District: Kolhapur. …Petitioner Versus 1. The State of Maharashtra, Through its Chief Secretary, General Administration Department, Mantralaya, Mumbai – 400 032 2. The State of Maharashtra, Through the Secretary, Ministry of Finance, Mantrayala, Mumbai – 400 032 3. The Secretary, Government of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32. 4. The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032. 5. Government of India, Ministry of Finance (Department of Economic Affairs), ECB & PR Division, New Delhi.

¶403

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶404

48 of 115

¶405

Kartikeya

¶406

211+204+167(FC)(Corrected).odt

¶407

Through the Central Govt. Advocate, Ministry of Law & Affairs, Aaykar Bhawan, Mumbai-22.

¶408

The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

¶409

The Deputy Director of Education, Mumbai Division, Mumbai.

¶410

The Deputy Director of Education, Kolhapur Division, Kolhapur.

¶411

The Deputy Director of Education, Pune Division, Pune.

¶412

The Deputy Director of Education, Nashik Division, Nashik.

¶413

The Deputy Director of Education, Aurangabad Division, Aurangabad.

¶414

The Deputy Director of Education, Latur Division, Latur.

¶415

The Deputy Director of Education, Amravati Division, Amravati.

¶416

Administrative Officer (Primary),

¶417

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶418

49 of 115

¶419

Kartikeya

¶420

211+204+167(FC)(Corrected).odt

¶421

Kalyan Dombivali Municipal Corporation) Education Board, Kalyan.

¶422

15.	Administrative Officer (Primary), Nashik Municipal Corporation, Education Board, Nashik.
16.	Administrative Officer (Primary), Zilla Parishad, Solapur.
17.	Education Officer, (Secondary & Higher Secondary), Zilla Parishad, Pune.
18.	Education Officer (Secondary), Zilla Parishad, Thane.
19.	Education Officer (Primary), Zilla Parishad, Kolhapur.
20.	Education Officer (Secondary), Zilla Parishad, Kolhapur.
21.	Education Officer (Primary), Zilla Parishad, Solapur.
22.	Education Officer (Secondary), Zilla Parishad, Solapur.
23.	Education Officer (Primary), Zilla Parishad, Osmanabad.
24.	Education Officer (Secondary), Zilla Parishad, Osmanabad.
25.	Education Officer (Primary), Zilla Parishad, Dhule.
26.	Education Officer (Secondary), Zilla Parishad, Nandurbar.

¶423

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶424

50 of 115

¶425

Kartikeya

¶426

211+204+167(FC)(Corrected).odt

¶427

27.	Education Officer (Primary), Zilla Parishad, Jalgaon.
28.	Education Officer (Primary), Zilla Parishad, Beed.
29.	Education Officer (Secondary), Zilla Parishad, Beed.
30.	Education Officer (Secondary), Zilla Parishad, Washim.
31.	Education Officer (Higher Primary), Zilla Parishad, Buldhana.
32.	Education Officer (Secondary), Zilla Parishad, Buldhana.
33.	Education Officer (Secondary), Zilla Parishad, Amravati.
34.	Education Officer (Secondary), Zilla Parishad, Akola.
35.	The Chief Executive Officer, Zilla Parishad, Solapur, Maharashtra.
36.	The Chief Executive Officer, Zilla Parishad, Kolhapur, Maharashtra.
37.	The Chief Executive Officer, Zilla Parishad, Sangli, Maharashtra.
38.	The Chief Executive Officer, Zilla Parishad, Satara, Maharashtra.
39.	The Chief Executive Officer,

¶428

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶429

51 of 115

¶430

Kartikeya

¶431

211+204+167(FC)(Corrected).odt

¶432

Zilla Parishad, Ratnagiri, Maharashtra.

¶433

The Chief Executive Officer, Zilla Parishad, Latur, Maharashtra.

¶434

The Superintendent, (Sec. & Higher Sec.), Pay and Provident Fund Unit, Zilla Parishad, Pune.

¶435

The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Thane.

¶436

The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Thane.

¶437

The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Kolhapur.

¶438

The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Kolhapur.

¶439

The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Solapur.

¶440

The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Solapur.

¶441

The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Nashik.

¶442

49. The Superintendent,

¶443

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶444

52 of 115

¶445

Kartikeya

¶446

211+204+167(FC)(Corrected).odt

¶447

(Sec. & Higher Secondary), Pay and Provident Fund Unit, Zilla Parishad, Ratnagiri.

¶448

The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Dhule.

¶449

The Superintendent, (Primary) Pay and Provident Fund Unit, Zilla Parishad, Osamnabad.

¶450

The Superintendent, (Secondary) Pay and Provident Fund Unit, Zilla Parishad, Osamanabad.

¶451

The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Beed.

¶452

The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Beed.

¶453

The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nandurbar.

¶454

The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Jalgaon.

¶455

The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Washim.

¶456

The Superintendent, (Hgh. Secondary), Pay and Provident Fund Unit, Zilla Parishad, Buldhana.

¶457

The Superintendent, (Secondary),

¶458

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶459

53 of 115

¶460

Kartikeya

¶461

211+204+167(FC)(Corrected).odt

¶462

Pay and Provident Fund Unit, Zilla Parishad, Buldhana. 60. The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Amravati. 61. The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Akola. …Respondents

¶463

WITH

¶464

WRIT PETITION NO.2095 OF 2018

¶465

Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee,Through its District Executive President, Shri. Dattatray Narayan Patil At & Post: Bhamate, Taluka: Karveer, District: Kolhapur. …Petitioner Versus 1. The State of Maharashtra, Through its Chief Secretary, General Administration Department, Mantralaya, Mumbai – 400 032 2. The State of Maharashtra, Through the Secretary, Ministry of Finance, Mantrayala, Mumbai – 400 032

¶466

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶467

54 of 115

¶468

Kartikeya

¶469

211+204+167(FC)(Corrected).odt

¶470

The Secretary, Government of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.

¶471

The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

¶472

Government of India, Ministry of Finance (Department of Economic Affairs), ECB & PR Division, New Delhi. Through the Central Govt. Advocate, Ministry of Law & Affairs, Aaykar Bhawan, Mumbai-22.

¶473

The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

¶474

The Deputy Director of Education, Mumbai Division, Mumbai.

¶475

The Deputy Director of Education, Kolhapur Division, Kolhapur.

¶476

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶477

55 of 115

¶478

Kartikeya

¶479

211+204+167(FC)(Corrected).odt

¶480

9.	The Deputy Director of Education, Pune Division, Pune.
10.	The Deputy Director of Education, Nashik Division, Nashik.
11.	The Deputy Director of Education, Aurangabad Division, Aurangabad.
12.	The Deputy Director of Education, Latur Division, Latur.
13.	Education Inspector, (Secondary), Municipal Corporation of Greater Mumbai, Western Zone, Mumbai (W).
14.	Education Inspector, (Secondary), Municipal Corporation of Greater Mumbai, North Zone, Mumbai.
15.	Education Officer (Primary), Zilla Parishad, Pune.
16.	Education Officer (Secondary), Zilla Parishad, Pune.
17.	Administrative Officer, Education Board,) Pimpari Chinchwad Municipal Corporation, Pimpari-18.
18.	Education Officer (Primary), Zilla Parishad, Thane.
19.	Education Officer (Secondary), Zilla Parishad, Thane.

¶481

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶482

56 of 115

¶483

Kartikeya

¶484

211+204+167(FC)(Corrected).odt

¶485

20.	Education Officer (Secondary), Zilla Parishad, Palghar.
21.	Education Officer (Primary), Zilla Parishad, Sangli.
22.	Education Officer (Secondary), Zilla Parishad, Sangli.
23.	Education Officer (Primary), Zilla Parishad, Solapur.
24.	Education Officer (Secondary), Zilla Parishad, Ratnagiri.
25.	Education Officer (Secondary), Zilla Parishad, Sindhudurg.
26.	Education Officer (Secondary), Zilla Parishad, Kolhapur.
27.	Education Officer (Secondary), Zilla Parishad, Nashik.
28.	Education Officer (Secondary), Zilla Parishad, Osmanabad.
29.	Education Officer (Secondary), Zilla Parishad, Nanded.
30.	Education Officer (Secondary), Zilla Parishad, Nandurbar.
31.	The Chief Executive Officer, Zilla Parishad, Ahmednagar. Maharashtra.
32.	The Block Development Officer, Panchayat Samiti, Sangamner, Zilla Parishad, Ahmednagar.

¶486

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶487

57 of 115

¶488

Kartikeya

¶489

211+204+167(FC)(Corrected).odt

¶490

33.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Municipal Corporation of Greater Mumbai, Western Zone, Mumbai.
34.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Municipal Corporation of Greater Mumbai, North Zone, Mumbai.
35.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Pune.
36.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Pune.
37.	The Superintendent, (Primary) Pay and Provident Fund Unit, Zilla Parishad, Thane.
38.	The Superintendent, (Secondary) Pay and Provident Fund Unit, Zilla Parishad, Thane.
39.	The Superintendent, (Secondary) Pay and Provident Fund Unit, Zilla Parishad, Palghar.
40.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Solapur.
41.	The Superintendent, (Primary) Pay and Provident Fund Unit, Zilla Parishad, Sangli.
42.	The Superintendent, (Secondary) Pay and Provident Fund Unit,

¶491

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶492

58 of 115

¶493

Kartikeya

¶494

211+204+167(FC)(Corrected).odt

¶495

	Zilla Parishad, Sangli.
43.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Ratnagiri.
44.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Sindhudurg.
45.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Kolhapur.
46.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nashik.
47.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Osmanabad.
48.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nandurbar.
49.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nanded.	…Respondents

¶496

WITH

¶497

WRIT PETITION NO.9001 OF 2018

¶498

Rangrao Nimba Pawar, Age: 43 years, Occ.: Teacher, R/at: Room No.4, Manasi Park, Near Maroti Mandir, Kopargaon, Dombivali (W), Kalyan, Dist.: Thane 421202.

¶499

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶500

59 of 115

¶501

Kartikeya

¶502

211+204+167(FC)(Corrected).odt

¶503

Varsha Anil Amrutkar, Age: 35 years, Occ.: Teacher, R/at: Flat No. B 1103, Mangalmurti Complex, 90 ft. Road, Balaji Nagar, Thakurli (E), Tal.: Kalyan, Dist.: Thane 421201.

¶504

Maya Ananda Choudhari, Age: 40 years, Occ.: Teacher, R/at: Flat No. E-604, Laxmi Park, Kanchangaon, Thakurli (E), Tal.: Kalyan, Dist.: Thane 421202.

¶505

Lokesh Narendra Patil, Age: 31 years, Occ.: Teacher, R/at: Flat No. B/504, Om Residency, Near Manjunath College, Khambalwada, Dombivali (E), Dist.: Thane 421201.

¶506

Sheetal Pradip More, Age: ✓ years, Occ.: Teacher, R/at: B/17, Moti Mahal Society, Ghanshyam Gupte Road, Near Fish Market, Vishnunagar, Dombivali (E), Tal.: Kalyan, Dist.: Thane.

¶507

NIta Santosh Patil Age: years, Occ.: Teacher, R/at: 401, Om Shraid Society, Kumbhar Ali, Near Sahkar Bajar No. 1, Station Road, Kalwa (W), Thane 400 605.

¶508

Dhananjay Waman Jadhav, Age: years, Occ.: Teacher, R/at: C/103, Shri Shankheshwar Park, Near RBT School, Bhoikhadi, Khambalpada, Dombivali (E),

¶509

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶510

60 of 115

¶511

Kartikeya

¶512

211+204+167(FC)(Corrected).odt

¶513

Tal.: Kalyan, Dist.: Thane 421201. 8. Rakesh Balasaheb Patil, Age: years, Occ.: Service, R/at: Room No.10, Chawl No. 2, Manisha Nagar, Betu Rakarpada, Kalyan (W) 421301. 9. Pramodnath Tiwari, Age: years, Occ.: Service, R/at: Room No. 202, Build. No. 2 C' Wing, Adarsh Park, Kalyan Road, Dombivali (E), Tal: Kalyan, Dist: Thane 421201. 10. Arun Dhudku Patil, Age: years, Occ.: Service, R/at: Room No. 1. Gokul Varsha Colony, Rambag 4, Kalyan (W), Dist.: Thane 421306. 11. Tribhuvandas Tiwari, R/at: 1B/102, Adarsh Park, Kalyan Road, Khambalpada, Dombivali (E), Tal: Kalyan, Dist: Thane 421201. …Petitioners Versus 1. The State of Maharashtra, Through its Chief Secretary, General Administration Department, Mantralaya, Mumbai – 400 032 2. The State of Maharashtra, Through the Secretary, Ministry of Finance, Mantrayala, Mumbai – 400 032 3. The Secretary, Government of Maharashtra,

¶514

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶515

61 of 115

¶516

Kartikeya

¶517

211+204+167(FC)(Corrected).odt

¶518

Department of School Education and Sports, Mantralaya, Mumbai – 32.

¶519

The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

¶520

The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

¶521

The Deputy Director of Education, (Secondary and Higher Secondary), Thane Division, Thane.

¶522

Education Officer,(Secondary), Zilla Parishad, Thane.

¶523

The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Thane.

¶524

The Administrative Officer, Education Board, Kalyan Dombiwali Municipal, Corporation, Kalyan.

¶525

The Headmaster, R.B.T. Vidyalaya (Marathi Medium), Khandalpada, Dombiwali (E.) Kalyan, Dist: Thane.

¶526

The Commissioner, Kalyan Dombiwali Municipal, Corporation, Kalyan. …Respondents WITH

¶527

WRIT PETITION NO.9560 OF 2021

¶528

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶529

62 of 115

¶530

Kartikeya

¶531

211+204+167(FC)(Corrected).odt

¶532

1.	Swati Satish More Residing at: Near Indraprastha Garden, Patil Nagar, Chikhali, Pune-411 062.
2.	Sunita Ganesh Kad Residing at: Kadachi Wadi, Chakan, Tal: Khed, Dist- Pune-410 501.
3.	Rajesh Dhondibhau Auti Residing at: Sarvey No. 81/1/1, Near Asha Ampyar, Datt Nagar, Dighi, Pune-411 015. …Petitioners
	Versus
1.	The State of Maharashtra, Through its Chief Secretary, General Administration Department, Mantralaya, Mumbai – 400 032
2.	The State of Maharashtra, Through the Secretary, Ministry of Finance, Mantrayala, Mumbai – 400 032
3.	The Secretary, Government of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.
4.	The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.
5.	Government of India, Ministry of Finance (Department of Economic Affairs),
	ECB & PR Division, New Delhi.

¶533

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶534

63 of 115

¶535

Kartikeya

¶536

211+204+167(FC)(Corrected).odt

¶537

Through the Central Govt. Advocate, Ministry of Law & Affairs, Aaykar Bhawan, Mumbai-22.

¶538

1. The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

¶539

1. The Deputy Director of Education, Pune Division, Pune.

¶540

1. Education Officer, (Primary), Zilla Parishad, Pune.

¶541

1. The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Pune. …Respondents

¶542

WITH WRIT PETITION NO.11097 OF 2018

¶543

Shikshan Sangharsha Sanghatana Through its President, Smt. Madhuri Mengate C/o- Smt. Sangita Sachindra Shinde having its office at: Astavinayak Apartment, Pach Pakhadi, Near 3- Petrol Pump, Dist.- Thane

¶544

Khajgi Prathamik Shikshak Sevak Samitee, Maharashtra Rajya, Through its President,

¶545

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶546

64 of 115

¶547

Kartikeya

¶548

211+204+167(FC)(Corrected).odt

¶549

Shri. Bharat B. Rasale, having its office at: Plot No. 16, Jamdar Colony, Kadamwadi Road, Kolhapur. …Petitioners

¶550

Versus

¶551

The State of Maharashtra, Through its Chief Secretary, General Administration Department, Mantralaya, Mumbai – 400 032

¶552

The State of Maharashtra, Through the Secretary, Ministry of Finance, Mantrayala, Mumbai – 400 032

¶553

The Secretary, Government of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.

¶554

The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

¶555

5. Government of India, Ministry of Finance

¶556

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶557

65 of 115

¶558

Kartikeya

¶559

211+204+167(FC)(Corrected).odt

¶560

(Department of Economic Affairs), ECB & PR Division, New Delhi. Through the Central Govt. Advocate, Ministry of Law & Affairs, AaykarBhawan, Mumbai-22.

¶561

The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

¶562

The Deputy Director of Education, Mumbai Division, Mumbai.

¶563

The Deputy Director of Education, Kolhapur Division, Kolhapur.

¶564

The Deputy Director of Education, Pune Division, Pune.

¶565

The Deputy Director of Education, Nashik Division, Nashik.

¶566

The Deputy Director of Education, Aurangabad Division, Aurangabad.

¶567

The Deputy Director of Education, Latur Division, Latur.

¶568

The Deputy Director of Education, Amravati Division, Amravati.

¶569

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶570

66 of 115

¶571

Kartikeya

¶572

211+204+167(FC)(Corrected).odt

¶573

14.	The Deputy Director of Education, Nagpur Division, Nagpur.
15.	The Deputy Director, Directorate Vocational Education & Training, Nashik-02.
16.	The Administrative Officer (Primary), Thane Municipal Corporation, Education Board, Thane.
17.	The Administrative Officer (Primary), Ulhasnagar Municipal Corporation, Education Board, Thane.
18.	The District Vocational Education & Training Officer, Nashik-2.
19.	Education Officer, (Primary) Zilla Parishad, Pune.
20.	Education Officer (Primary), Zilla Parishad, Thane.
21.	Education Officer (Secondary), Zilla Parishad, Thane.
22.	Education Officer (Primary), Zilla Parishad, Palghar.
23.	Education Officer (Secondary), Zilla Parishad, Palghar.
24.	Education Officer (Secondary), Zilla Parishad, Raigad.

¶574

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶575

67 of 115

¶576

Kartikeya

¶577

211+204+167(FC)(Corrected).odt

¶578

25.	Education Officer (Primary), Zilla Parishad, Nashik
26.	Education Officer (Secondary), Zilla Parishad, Nashik.
27.	Education Officer (Primary), Zilla Parishad, Kolhapur.
28.	Education Officer (Secondary), Zilla Parishad, Kolhapur.
29.	Education Officer (Secondary), Zilla Parishad, Solapur.
30.	Education Officer (Secondary), Zilla Parishad, Ratnagiri.
31.	Education Officer (Primary), Zilla Parishad, Ahmednagar.
32.	Education Officer (Primary), Zilla Parishad, Osmanabad.
33.	Education Officer (Secondary), Zilla Parishad, Osmanabad.
34.	Education Officer (Secondary), Zilla Parishad, Dhule.
35.	Education Officer (Primary), Zilla Parishad, Jalgaon.
36.	Education Officer (Secondary), Zilla Parishad, Jalgaon.
37.	Education Officer (Secondary), Zilla Parishad, Nandurbar.
38.	Education Officer (Secondary), Zilla Parishad, Beed.

¶579

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶580

68 of 115

¶581

Kartikeya

¶582

211+204+167(FC)(Corrected).odt

¶583

39.	Education Officer (Primary), Zilla Parishad, Aurangabad.
40.	Education Officer (Primary), Zilla Parishad, Jalna.
41.	Education Officer (Secondary), Zilla Parishad, Hingoli.
42.	Education Officer (Secondary), Zilla Parishad, Parbhani.
43.	Education Officer (Secondary), Zilla Parishad, Buldhana.
44.	Education Officer (Primary), Zilla Parishad, Amravati.
45.	Education Officer (Secondary), Zilla Parishad, Amravati.
46.	Education Officer (Primary), Zilla Parishad, Wardha.
47.	Education Officer (Secondary), Zilla Parishad, Wardha.
48.	Education Officer (Secondary), Zilla Parishad, Akola.
49.	The Superintendent, (Primary) Pay and Provident Fund Unit, Zilla Parishad, Pune.
50.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Thane.
51.	The Superintendent, (Secondary), Pay and Provident Fund Unit,

¶584

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶585

69 of 115

¶586

Kartikeya

¶587

211+204+167(FC)(Corrected).odt

¶588

	Zilla Parishad, Thane.
52.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Palghar.
53.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Palghar.
54.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Raigad.
55.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Kolhapur.
56.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Kolhapur.
57.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Solapur.
58.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Ratnagiri.
59.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Nashik.
60.	The Superintendent, (Sec. & Higher Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nashik.
61.	The Superintendent, (Sec. & Higher Secondary),

¶589

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶590

70 of 115

¶591

Kartikeya

¶592

211+204+167(FC)(Corrected).odt

¶593

	Pay and Provident Fund Unit, Zilla Parishad, Dhule.
62.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Ahmednagar.
63.	The Superintendent, (Primary) Pay and Provident Fund Unit, Zilla Parishad, Osamnabad.
64.	The Superintendent, (Secondary) Pay and Provident Fund Unit, Zilla Parishad, Osamanabad.
65.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Beed.
66.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Parbhani.
67.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nandurbar.
68.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Jalgaon.
69.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Jalgaon.
70.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Aurangabad.
71.	The Superintendent, (Primary), Pay and Provident Fund Unit,

¶594

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶595

71 of 115

¶596

Kartikeya

¶597

211+204+167(FC)(Corrected).odt

¶598

Zilla Parishad, Jalna.

¶599

72.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Hingoli.
73.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Wardha.
74.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Wardha.
75.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Buldhana.
76.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Amravati.
77.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Amravati.
78.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Akola.	…Respondents

¶600

WITH

¶601

WRIT PETITION NO.13379 OF 2017

¶602

Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee,Through its District Executive President, Shri. Dattatray Narayan Patil At & Post: Bhamate,

¶603

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶604

72 of 115

¶605

Kartikeya

¶606

211+204+167(FC)(Corrected).odt

¶607

Taluka: Karveer, District: Kolhapur. …Petitioner

¶608

Versus

¶609

The State of Maharashtra, Through its Chief Secretary, General Administration Department, Mantralaya, Mumbai – 400 032 2. The State of Maharashtra, Through the Secretary, Ministry of Finance, Mantrayala, Mumbai – 400 032 3. The Secretary, Government of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32. 4. The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032. 5. Government of India, Ministry of Finance (Department of Economic Affairs), ECB & PR Division, New Delhi.

¶610

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶611

73 of 115

¶612

Kartikeya

¶613

211+204+167(FC)(Corrected).odt

¶614

Through the Central Govt. Advocate, Ministry of Law & Affairs, Aaykar Bhawan, Mumbai-22.

¶615

The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

¶616

The Deputy Director of Education, Mumbai Division, Mumbai.

¶617

The Deputy Director of Education, Kolhapur Division, Kolhapur.

¶618

The Deputy Director of Education, Pune Division, Pune.

¶619

The Deputy Director of Education, Nashik Division, Nashik.

¶620

The Deputy Director of Education, Aurangabad Division, Aurangabad.

¶621

The Deputy Director of Education, Latur Division, Latur.

¶622

Education Inspector, (Secondary), Municipal Corporation of Greater Mumbai, Western Zone, Mumbai (W).

¶623

Education Officer (Primary),

¶624

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶625

74 of 115

¶626

Kartikeya

¶627

211+204+167(FC)(Corrected).odt

¶628

Zilla Parishad, Pune.

¶629

15.	Education Officer (Secondary), Zilla Parishad, Pune.
16.	Education Officer (Primary), Zilla Parishad, Thane.
17.	Education Officer (Secondary), Zilla Parishad, Thane.
18.	Education Officer (Primary), Zilla Parishad, Palghar.
19.	Education Officer (Secondary), Zilla Parishad, Palghar.
20.	Education Officer (Secondary), Zilla Parishad, Sangli.
21.	Education Officer (Secondary), Zilla Parishad, Satara.
22.	Education Officer (Primary), Zilla Parishad, Solapur.
23.	Education Officer (Secondary), Zilla Parishad, Ratnagiri.
24.	Education Officer (Secondary), Zilla Parishad, Raigad.
25.	Education Officer (Secondary), Zilla Parishad, Jalgaon.
26.	Education Officer (Secondary), Zilla Parishad, Ahmadnagar.
27.	Education Officer (Primary), Zilla Parishad, Parbhani.

¶630

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶631

75 of 115

¶632

Kartikeya

¶633

211+204+167(FC)(Corrected).odt

¶634

28.	Education Officer (Secondary), Zilla Parishad, Nanded.
29.	Education Officer (Secondary), Zilla Parishad, Latur.
30.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Pune.
31.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Pune.
32.	The Superintendent, (Primary) Pay and Provident Fund Unit, Zilla Parishad, Thane.
33.	The Superintendent, (Secondary) Pay and Provident Fund Unit, Zilla Parishad, Thane.
34.	The Superintendent, (Primary) Pay and Provident Fund Unit, Zilla Parishad, Palghar.
35.	The Superintendent, (Secondary) Pay and Provident Fund Unit, Zilla Parishad, Palghar.
36.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Solapur.
37.	The Superintendent, (Secondary) Pay and Provident Fund Unit, Zilla Parishad, Sangli.
38.	The Superintendent, (Secondary) Pay and Provident Fund Unit, Zilla Parishad, Satara.

¶635

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶636

76 of 115

¶637

Kartikeya

¶638

211+204+167(FC)(Corrected).odt

¶639

39.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Ratnagiri.
40.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Raigad.
41.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Jalgaon.
42.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Ahmadnagar.
43.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Parbhani.
44.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Nanded.
45.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Latur.	…Respondents
	WITH

¶640

WRIT PETITION NO.13608 OF 2018

¶641

Maharashtra Rajya Madhyamik Va Uccha Madhyamik Shala Kruti Samittee,Through its District Executive President, Shri. Dattatray Narayan Patil At & Post: Bhamate, Taluka: Karveer, District: Kolhapur. …Petitioner

¶642

Versus

¶643

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶644

77 of 115

¶645

Kartikeya

¶646

211+204+167(FC)(Corrected).odt

¶647

The State of Maharashtra, Through its Chief Secretary, General Administration Department, Mantralaya, Mumbai – 400 032

¶648

The State of Maharashtra, Through the Secretary, Ministry of Finance, Mantrayala, Mumbai – 400 032

¶649

The Secretary, Government of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.

¶650

The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

¶651

Government of India, Ministry of Finance (Department of Economic Affairs), ECB & PR Division, New Delhi. Through the Central Govt. Advocate, Ministry of Law & Affairs, Aaykar Bhawan, Mumbai-22.

¶652

The Director of Education, (Secondary and Higher Secondary), State of Maharashtra, Pune.

¶653

The Deputy Director of Education, Mumbai Division, Mumbai. Javahar Balbhanavan, Netaji Subhash Marg, Charni Road (W.), Mumbai-4000 004.

¶654

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶655

78 of 115

¶656

Kartikeya

¶657

211+204+167(FC)(Corrected).odt

¶658

8.	The Deputy Director of Education, Kolhapur Division, Kolhapur.
9.	The Deputy Director of Education, Pune Division, Pune.
10.	The Deputy Director of Education, Nashik Division, Nashik.
11.	Education Inspector, (Secondary), Municipal Corporation of Greater Mumbai, Western Zone, Mumbai (W).
12.	Education Inspector, (Secondary), Municipal Corporation of Greater Mumbai, North Zone, Mumbai.
13.	Education Inspector, (Secondary), Municipal Corporation of Greater Mumbai, South Zone, Mumbai.
14.	Education Officer, (Primary), Zilla Parishad, Pune.
15.	Education Officer, (Secondary), Zilla Parishad, Pune.
16.	Education Officer (Primary), Zilla Parishad, Thane.
17.	Education Officer (Secondary), Zilla Parishad, Thane.
18.	Education Officer (Primary), Zilla Parishad, Palghar.
19.	Education Officer, (Secondary & Higher Secondary), Zilla Parishad, Palghar.
20.	Education Officer (Primary),

¶659

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶660

79 of 115

¶661

Kartikeya

¶662

211+204+167(FC)(Corrected).odt

¶663

Zilla Parishad, Kolhapur.

¶664

Education Officer (Secondary), Zilla Parishad, Kolhapur.

¶665

Education Officer (Primary), Zilla Parishad, Solapur.

¶666

Education Officer (Secondary), Zilla Parishad, Solapur.

¶667

Education Officer (Primary), Zilla Parishad, Raigad.

¶668

Education Officer (Secondary), Zilla Parishad, Raigad.

¶669

Education Officer (Secondary), Zilla Parishad, Ratnagiri.

¶670

Education Officer (Secondary), Zilla Parishad, Satara.

¶671

The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Mumbai.

¶672

The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Mumbai.

¶673

The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Pune.

¶674

The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Pune.

¶675

The Superintendent, (Primary), Pay and Provident Fund Unit,

¶676

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶677

80 of 115

¶678

Kartikeya

¶679

211+204+167(FC)(Corrected).odt

¶680

Zilla Parishad, Thane.

¶681

33.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Thane.
34.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Palghar.
35.	The Superintendent, (Secondary & Higher Secondary), Pay and Provident Fund Unit, Zilla Parishad, Palghar.
36.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Kolhapur.
37.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Kolhapur.
38.	The Superintendent, (Primary), Pay and Provident Fund Unit, Zilla Parishad, Solapur.
39.	The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Solapur.
40.	The Superintendent, (Sec. & Higher Secondary), Pay and Provident Fund Unit, Zilla Parishad, Ratnagiri.
41.	The Superintendent, (Primary) Pay and Provident Fund Unit, Zilla Parishad, Raigad.
42.	The Superintendent, (Secondary)

¶682

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶683

81 of 115

¶684

Kartikeya

¶685

211+204+167(FC)(Corrected).odt

¶686

Pay and Provident Fund Unit, Zilla Parishad, Raigad.

¶687

The Superintendent, (Secondary), Pay and Provident Fund Unit, Zilla Parishad, Satara. …Respondents

¶688

WITH

¶689

WRIT PETITION NO.4517 OF 2019

¶690

Jyotika Kamal Malkani, Age: 57 years, Occ: Service, At & Post: H/B, 20/03, Near Shani Mandir, Pimpri Colony Pune. 411017 …Petitioner

¶691

Versus

¶692

State of Maharashtra. through the Principal Secretary, Department of Education and Sports, Mantralaya, Mumbai.

¶693

The Deputy Director of Education, Kolhapur Region: Hatti Mahal, Kolhapur. 3. The Education Officer (Secondary) Zilla Parishad Pune, Pune District, Pune.

¶694

4. The Superintendent, (Secondary) Pay and Provident Fund Unit

¶695

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶696

82 of 115

¶697

Kartikeya

¶698

211+204+167(FC)(Corrected).odt

¶699

Pune. 400001

¶700

1. The Chairman, Jay Hind Sindhu Education Trust, Pimpari Pune 411017

¶701

The Headmaster, Jay Hind Primary School, Pimpari, Pune.

¶702

The Principal, Jay Hind High School and Junior College Pimpari, Pune. …Respondents

¶703

WITH

¶704

WRIT PETITION (ST) NO.7027 OF 2025

¶705

Rajeshri Sanjay Kulkarni, Age- 60 years, Presently residing at A 805, Ruturang Apts, Behind Paranjape School, New DP Road, Kothrud, District: Pune - 38. … Petitioner Versus

¶706

The State of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.

¶707

The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

¶708

The Director of Education (Secondary), State of Maharashtra, Pune.

¶709

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶710

83 of 115

¶711

Kartikeya

¶712

211+204+167(FC)(Corrected).odt

¶713

4.	The Deputy Director of Education
	(Pune Division), Pune.
5.	Pune Zilla Parishad, Through its Chief Executive Officer, Pune.
6.	The Education Officer (Secondary), Pune Zilla Parishad, Pune.
7.	The Superintendent, (Secondary) Pay and Provident Fund Unit, Pune Zilla Parishad, Pune.
8.	The Chairman/Secretary, Vidya Prasarini Sabha, 19/2 T. P. Scheme, Shivajinagar, District: Pune 411005.
9.	The Headmaster, Bharat English School and Kanisth Mahavidyalay, 19/2 T. P. Scheme, Shivajinagar, District: Pune 411005.	... Respondents

¶714

WITH

¶715

WRIT PETITION (ST) NO.7214 OF 2025

¶716

Ishani Prashant Godse, Age - 50 years

¶717

Presently residing at A-7, Trimurti Vihar,

¶718

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶719

84 of 115

¶720

Kartikeya

¶721

211+204+167(FC)(Corrected).odt

¶722

Sadguru Jangli Maharaj Nagar, Pimple Gurav, Pune - 61.

¶723

… Petitioner

¶724

	Versus
1.	The State of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.
2.	The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.
3.	The Director of Education (Secondary), State of Maharashtra, Pune.
4.	The Deputy Director of Education (Pune Division), Pune.
5.	Pune Zilla Parishad, Through its Chief Executive Officer, Pune.
6.	The Education Officer (Secondary),
	Pune Zilla Parishad, Pune.
7.	The Superintendent, (Secondary) Pay and Provident Fund Unit,
	Pune Zilla Parishad, Pune.

¶725

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶726

85 of 115

¶727

Kartikeya

¶728

211+204+167(FC)(Corrected).odt

¶729

The Chairman/Secretary, Vidya Prasarini Sabha, 19/2 T. P. Scheme, Shivajinagar, District: Pune 411005.

¶730

The Headmaster, Bharat English School and Kanisth Mahavidyalay, 19/2 T. P. Scheme, Shivajinagar, District: Pune 411005. ...Respondents

¶731

WITH

¶732

WRIT PETITION (ST) NO.4983 OF 2025

¶733

Mane Balu Jagannath, Age - 53 Years Presently residing at Audumber Apartment, Flat No. 17, Joshi Chawl, B/4 Dr Nikam, Pimparigaon, District: Pune - 05. ...Petitioner

¶734

Versus

¶735

The State of Maharashtra,

¶736

Department of School Education and Sports, Mantralaya, Mumbai – 32.

¶737

The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

¶738

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶739

86 of 115

¶740

Kartikeya

¶741

211+204+167(FC)(Corrected).odt

¶742

3.	The Director of Education (Secondary), State of Maharashtra, Pune.
4.	The Deputy Director of Education, Pune Division, Pune.
5.	Pune Zilla Parishad, Through its Chief Executive Officer, Pune.
6.	The Education Officer (Secondary), Pune Zilla Parishad, Pune.
7.	The Superintendent, (Secondary) Pay and Provident Fund Unit, Zilla Parishad, Pune.
8.	The Chairman/Secretary, Vidya Prasarini Sabha,
	Having Office at- 19/2 T. P. Scheme,
	Shivajinagar, District: Pune 411005.
9.	The Headmaster,
	V P S Highschool and D P Mehta
	Junior College, Lonavala
	Taluka: Maval, District – Pune.
10.	The Headmaster,
	Bharat English School and
	Kanisth Mahavidyalay,

¶743

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶744

87 of 115

¶745

Kartikeya

¶746

211+204+167(FC)(Corrected).odt

¶747

19/2 T. P. Scheme, Shivajinagar, District: Pune 411005. … Respondents

¶748

WITH

¶749

WRIT PETITION (ST) NO.6471 OF 2025

¶750

Gangurde Rahul Tanaji, Age - 47 years, Presently residing at Silver Palm Grove, A-301, Sr. No. 89/1, Ravet, Pune - 412101.

¶751

Sisode Jayvant Vinayak, Age - 50 years, Presently residing at Nirupam Housing Society No. 3, Flat No. B 15, Dattawadi, Akurdi, Pune - 35.

¶752

Sabale Sambhaji Murlidhar, Age - 47 years, Presently residing at Atria A2/301, Sr. No. 29/1/25+24 Opp 29 Gold Coast, Munjabawasti, Dhanori, Pune-15. … Petitioners

¶753

Versus

¶754

The State of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.

¶755

The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

¶756

The Director of Education (Secondary),

¶757

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶758

88 of 115

¶759

Kartikeya

¶760

211+204+167(FC)(Corrected).odt

¶761

State of Maharashtra, Pune.

¶762

The Deputy Director of Education, Pune Division, Pune.

¶763

Pune Zilla Parishad, Through its Chief Executive Officer, Pune.

¶764

The Education Officer (Secondary), Pune Zilla Parishad, Pune.

¶765

The Superintendent, (Secondary) Pay and Provident Fund Unit, Pune Zilla Parishad, Pune.

¶766

The Chairman/Secretary, Vidya Prasarini Sabha, Having Office at- 19/2 T. P. Scheme, Shivajinagar, District: Pune 411005.

¶767

The Headmaster, Smt. Shantidevi Gopichand Gupta Vidyalay, Bhaji-Malavali, Taluka Maval, Pune.

¶768

The Headmaster, Bharat English School & Junior College, 19/2 T. P. Scheme, Shivajinagar, District: Pune 411005.

¶769

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶770

89 of 115

¶771

Kartikeya

¶772

211+204+167(FC)(Corrected).odt

¶773

The Headmaster, VPS HighSchool and D P Mehata Junior CollegeTaluka: Maval, Pune – 410401. … Respondents

¶774

WITH

¶775

WRIT PETITION(ST) NO.7215 OF 2025

¶776

Chatur Eknath Patil, Age - 45 Years Presently residing at Shree Swami Sanidhya Society, NDA Road, Shivane, District- Pune - 412101. … Petitioner

¶777

Versus

¶778

The State of Maharashtra, Department of School Education and Sports, Mantralaya, Mumbai – 32.

¶779

The Secretary, Government of Maharashtra, Rural Development Department, Mantralaya, Mumbai – 400 032.

¶780

The Director of Education (Secondary), State of Maharashtra, Pune.

¶781

The Deputy Director of Education, Pune Division, Pune.

¶782

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶783

Kartikeya 90 of 115

¶784

211+204+167(FC)(Corrected).odt

¶785

Pune Zilla Parishad, Through its Chief Executive Officer, Pune. 6. The Education Officer (Secondary), Pune Zilla Parishad, Pune. 7. The Superintendent, (Secondary) Pay and Provident Fund Unit, Zilla Parishad, Pune. 8. The Chairman/Secretary, Progressive Education Society, Having Office at PESWIE Sports Complex, Shivajinagar, District: Pune 411005. 9. The Headmaster, Modern Highschool, Warje, Malwadi, Pune. 10. The Headmaster, Modern High School and Junior College, Bhose Taluka: Khed, District: Pune. … Respondents

¶786

Mr. Suresh Pakale, Senior Advocate a/w Mr. Saurabh Pakale and Mr. Nilesh Desai, Advocate for the Petitioners in WP/2345/2014, WP/5180/2019, WP/4296/2014, WP/8504/2022 and WP/14481/2023.

¶787

Mr. Ashok Misal, Advocate for the Petitioners in WP/8357/2024.

¶788

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶789

91 of 115

¶790

Kartikeya

¶791

211+204+167(FC)(Corrected).odt

¶792

Mr. Prasad B. Kulkarni, Advocate for the Petitioners in WP/3375/2014.

¶793

Mr. Ashwin R. Kapadnis a/w Mr. Balaji Shinde, Advocate for the Petitioners in WP/283/2024.

¶794

Mr. Sharad T. Bhosale h/f. Mr. Dilip Bodake, Advocate for the Petitioners in WP/6774/2021.

¶795

Mr. Balkrishna Joshi a/w Mr. Neel Helekar, Mr. Virendra Pethe, Advocate for the Petitioners in IA/15089/2023.

¶796

Mr. A.G. Ambetkar, Advocate for the Petitioners in WP/1714/2025.

¶797

Mr. B.V. Samant, Addl. G.P. for the Respondent-State in WP/8502/2022.

¶798

Mr. V.G. Badgujar, AGP for Respondent-State in WP/439/2025.

¶799

Mr. M.M. Pable, AGP for Respondent-State in WP/11499/2023.

¶800

Mr. V.M. Mali, AGP for Respondent-State in WP/8357/2024, WP/1840/2024.

¶801

Mr. A.K. Naik, AGP for Respondent-State in WP/9241/2024.

¶802

Mr. S.P. Kamble, AGP for Respondent-State in WP/3165/2022.

¶803

Ms. Pooja Joshi Deshpande, AGP for Respondent-State in WP/2345/2014.

¶804

Ms. T.J. Kapre, AGP for Respondent-State in WP/3089/2024.

¶805

Ms. Nisha Mehra, AGP for Respondent-State in WP/3829/2019.

¶806

Smt. D.S. Deshmukh, AGP for Respondent-State in WP/3375/2014.

¶807

Mr. A.C. Bhadang, AGP for Respondent-State in WP/12322/2022.

¶808

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶809

92 of 115

¶810

Kartikeya

¶811

211+204+167(FC)(Corrected).odt

¶812

Mr. B.V. Samant, Addl. G.P. for the Respondent-State in WP/11794/2018.

¶813

Mr. M.M. Pable, AGP for Respondent-State in WP/8502/2022.

¶814

Ms. Pooja Joshi Deshpande, AGP for Respondent-State in WP/439/2025.

¶815

Mr. T.J. Kapre, AGP for Respondent-State in WP/11499/2023.

¶816

Mr. V.G. Badgujar, AGP for Respondent-State in WP/8357/2024.

¶817

Mr. D.S. Deshmukh, AGP for Respondent-State in WP/9241/2024.

¶818

Mr. P.P. Kakade, Addl. G.P. for Respondent-State in WP/3165/2022.

¶819

Mr. M.M. Pable, AGP for Respondent-State in WP/2345/2014.

¶820

Ms. N.M. Mehra AGP for Respondent-State in WP/3089/2024.

¶821

Mr. V.M. Mali, AGP for Respondent-State in WP/3829/2019.

¶822

Mr. P.N. Diwan, AGP for Respondent-State in WP/3375/2014.

¶823

Mr. P.B. Chavan, AGP for Respondent-State in WP/12322/2022.

¶824

Mr. A.C. Bhadang, AGP for Respondent-State in WP/11498/2023.

¶825

Mr. S.P. Kamble, AGP for Respondent-State in WP/10418/2022.

¶826

Mr. K.S. Thorat, AGP for Respondent-State in WP/4264/2022.

¶827

Mr. S.S. Bhende, AGP for Respondent-State in WP/9445/2024.

¶828

Mr. Rohit Sakhadeo, Advocate for Respondent Nos.18 and 19 in WP/8853/2024.

¶829

Mr. Vedant Bende h/f. Mr. Mayuresh Lagu, Advocate for

¶830

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶831

93 of 115

¶832

Kartikeya

¶833

211+204+167(FC)(Corrected).odt

¶834

Respondent No.2 in WP/8504/2022.

¶835

Ms. P.B. Chavan, AGP for Respondent-State in WP/8853/2024.

¶836

Mr. A.A. Garge, Advocate for the Respondents in WP/2253/2024.

¶837

Mr. Sharad T. Bhosale, Advocate for Respondent Nos.5 and 6 in WP/8502/2022.

¶838

Mr. Ashok Misal, Advocate for Respondent No.4 in WP/3089/2024.

¶839

Mr. A.K. Naik, AGP for Respondent-State in WP/2183/2024.

¶840

Mr. B.V. Samant, Addl. G.P. a/w Ms. P.M.J. Deshpande, AGP for Respondent Nos.1 to-State in IA/15089/2023.

¶841

Mr. Rajesh Datar a/w Ms. Dhruti Datar, Advocate for Respondent No.5 in IA/15089/2023.

¶842

Mr. P.P. Kakade, Addl. G.P. a/w Ms. N.M. Mehra, AGP for Respondent-State in WP/1714/2025

¶843

CORAM : RAVINDRA V. GHUGE &

¶844

ASHWIN D. BHOBE, JJ.

¶845

DATE : 27^th FEBRUARY, 2025

¶846

ORAL JUDGMENT (PER RAVINDRA V. GHUGE, J. )

¶847

The following matters were not on board. By consent of the parties, taken on board:

¶848

1. Writ Petition (st) No.33899 of 2018

¶849

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶850

94 of 115

¶851

Kartikeya

¶852

211+204+167(FC)(Corrected).odt

¶853

Writ Petition No.89 of 2020

¶854

Writ Petition No.2095 of 2018

¶855

Writ Petition No.9001 of 2018

¶856

Writ Petition No.9560 of 2021

¶857

Writ Petition No.11097 of 2018

¶858

Writ Petition No.13379 of 2017 8. Writ Petition No.13608 of 2018 9. Writ Petition No.4517 of 2019

¶859

Writ Petition (st) No.7027 of 2025 11. Writ Petition (st) No.7214 of 2025 12. Writ Petition (st) No.4983 of 2025 13. Writ Petition (st) No.6471 of 2025

¶860

Writ Petition (St) No.7215 of 2025

¶861

Rule. Rule made returnable forthwith and heard

¶862

finally by the consent of the parties.

¶863

In all these matters, the issue raised before this Court is as to whether each of these Petitioners would be entitled to the Old Pension Scheme (O.P.S.) or the Defined Contributory Pension Scheme (D.C.P.S) . The Government Resolution (G.R.) dated 31^st October, 2005 is the flash point in these matters. The said G.R. has led to the partitioning of the pensioners thereby, segregating them into two compartments viz., the Old Pension Scheme (O.P.S.) and the Defined Contributory Pension Scheme

¶864

(D.C.P.S.).

¶865

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶866

95 of 115

¶867

Kartikeya

¶868

211+204+167(FC)(Corrected).odt

¶869

Amongst all these Petitioners who are before the

¶870

Court on a common point of law, some have retired and some are still in service. Those who have retired, demand a decision from the Government as to the reasons why they are put in the DCPS compartment. Those who are yet to retire, are anxious to know their fate since, if they are placed under the DCPS, they would have to start contributing towards the National Pension Scheme

¶871

(N.P.S.).

¶872

There have been innumerable Petitions in this Court dealt by several Benches at the Principal Seat, at the Aurangabad and the Nagpur Bench. There was a situation, wherein one Bench, while dealing with the Writ Petition preferred by Deshmukh Dilipkumar Bhagwan and Others V/s. State of Maharashtra and Others¹ , noted that there were certain contradictory views taken by different Benches. One Bench of this Court delivered a judgment in Homraj Hansaram Bisen and Others V/s. State of Maharashtra and Others,² at the Nagpur Bench. The said judgment along with other cited reports, was placed before

¶873

1 2019 (3) Mh.L.J.

¶874

2 2013 (2) Mh.L.J.

¶875

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶876

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another Bench dealing with Deshmukh Dilipkumar Bhagwan and Others (supra) in Writ Petition No.8387 of 2013. The Court dealing with Deshmukh Dilipkumar Bhagwan and Others (supra) found it appropriate to record that the issue would be more advantageously decided by a larger Bench. Reasons were assigned for arriving at such an opinion in Paragraph Nos.20 and 21, which read as under:

¶880

“20. Prima facie, it appears to us that GR of 2010 does not deal with the issue whether the employees of the schools who were employed prior to 1st November, 2005 which were aided but were receiving less than 100% aid are entitled to benefit of the Old Pension Scheme under the Pensions Rules and Commutation of Pension Rules. There are various categories of recognized and aided schools. The first category of schools which were receiving 100% aid on or before 31st October, 2005 does not pose any problem. Admittedly, those who were employed in such schools prior to 1st November, 2005 and were otherwise eligible will continue to be governed by the Old Pension Scheme notwithstanding Government Resolutions of the year 2005 and 2010. The second category is of the schools which were aided on 31st October, 2005 but were not receiving 100% grant on the dates on which Government Resolutions of 2005 and 2010 were brought into force. The third category is of schools which were receiving less than 100% grant-in-aid on 1st November, 2005 but started receiving 100% grant-in-aid before the GR of 2010 came into force i.e. on or before 29th November, 2010. The GR of 2005 does not deal with the employees of schools at all. Therefore, the question will be whether

¶881

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶882

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the employees who were employed prior to 1st November, 2005 in partially aided schools which became fully aided after 1st November, 2005 will be governed by the Old Pension Scheme governed by the Pension Rules or a New Pension Scheme. This issue squarely arises as the State Government has purportedly made the GR of 2005 applicable to the employees of the schools by virtue of the GR of 2010. We find that the Division Bench in the case of Homraj Hansaram Bisen (supra) has not considered the question whether the word “aid” in Rule 19 of MEPS Rules means 100% aid. Moreover, the Government Resolutions of 1968 and 1972 do not provide that the benefit of the pension will be available only to the employees of 100% aided schools. Prima facie, it appears to us that the New Pension Scheme was not made applicable to the employees of the aided recognized primary, secondary and higher secondary schools as well as colleges of education till the date of coming into force of the GR of 2010. All these aspects were not brought to the notice of the Division Bench while deciding the case of Homraj Hansaram Bisen.”

¶886

“21. Prima facie, we find that the Old Pension Scheme appears to be more beneficial to the employees than the New Scheme. Considering what we have discussed above, it will be appropriate if the entire issue is considered by a larger Bench. Being a co-ordinate Bench, we are bound by the view taken by Homraj Hansaram Bisen (supra). It will be inappropriate to take a view which is different than the view taken by Homraj Hansaram Bisen. There is a reference in the said decision to Rule 19 of MEPS Rules and relevant Government Resolutions. Therefore, prima facie, the submission that the said decision is per incuriam or sub silentio cannot be accepted. In any event, considering the importance of the issues, the decision thereon will affect large number of teachers in the State. Hence, We are of the view that it will be more appropriate if the issues are

¶887

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶888

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decided by a larger Bench.”

¶892

For the aforesaid reasons, the Hon’ble the Chief Justice constituted a Full Bench [Coram: S.C. Dharmadhikari (as his Lordship then was), Akil Kureshi and Nitin W. Sambre JJ.] which delivered its judgment in Deshmukh Dilipkumar Bhagwan and Others (supra) reported at 2019 (3) Mh.L.J. 903. The learned Full Bench quoted the issues that were addressed to it, in Paragraph No.16 which reads as under:

¶893

“16. The Court, therefore, referred the following questions for consideration of the Larger Bench.

¶894

Whether only those schools and colleges of education which are receiving 100% aid can be termed as the aided institutions or whether schools and colleges of education receiving less than 100% aid can also be termed as aided institution?

¶895

Whether the employees who were appointed prior to 1st November, 2005 in the aided recognized primary, secondary and higher secondary schools as well as colleges of education which were receiving less than 100% grant-in-aid as on 1st November, 2005 are entitled to the benefit of Old Pension Scheme under the Pension Rules and the Commutation of Pension Rules or whether they will be governed by the New Pension Scheme under the GR of 2005?

¶896

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶897

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Whether the employees who were appointed prior to 1st November, 2005 in the aided recognized primary, secondary and higher secondary schools as well as the colleges of education which were receiving less than 100% grant-in-aid as on 1st November, 2005 but which became 100% aided before the date on which the GR of 2010 came into force, are entitled to the benefit of Old Pension Scheme under the Pension Rules and the Commutation of Pension Rules or whether they will be governed by the New Pension Scheme under the GR of 2005? ”

¶901

7. The learned Full Bench has recorded in Paragraph

¶902

No.1 as under:

¶903

“The petitioners in these petitions are teachers and non-teaching staff regularly appointed in various recognized aided schools in the State of Maharashtra. The respective schools are presently receiving 100% grant-in-aid from the State Government. All these employees were appointed prior to 1-11-2005. However, at the time of their appointments, the schools were not receiving 100% grant-in-aid. Admitted position is that all the schools started receiving 100% grant-in-aid from the Government only after 1-11-2005. The significance of this cut off date of 1-11-2005 would become clear as we record further facts. At this stage, however, we note that the Government of Maharashtra has introduced a Defined Contributory Pension Scheme ("DCP Scheme" for short) w.e.f. 1-11-2005 for the State Government employees as well as for the staff of private aided schools and colleges replacing the existing pension scheme. Petitioners claim that as they have been recruited prior to 1-11-2005, they would be governed by the old pension scheme irrespective of the fact that the schools in which they were appointed, started

¶904

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶905

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receiving 100% government grant after 1-11-2005. On the other hand, Government argues that an employee of a private school recruited prior to 1-11-2005 would be governed by DCP Scheme if the school in which he was appointed, started receiving 100% grant-in-aid only after 1-11-2005.”

¶909

While dealing with the issues addressed to the larger

¶910

Bench, it has been recorded in Paragraph No. 28 as regards the origin of the Pension Scheme, as under:

¶911

“28. We have traced the origin of the right of the employees of the aided recognized schools to receive pension from the Government. It originated from the GR dated 4-1-1968 under which it was provided that the pension, gratuity and other retiral benefits admissible to the Maharashtra State Government Servants under the Revised Pension Rules 1950 as amended from time to time and the family pension would be applicable to the full time teaching staff in recognized aided non-Government secondary schools in the State who retire on or after 1-4-1966. Over a period of time, such benefits were extended also to the employees of aided primary schools. In order to regulate, recruitment and conditions of service of employees in private schools in the State, the said Act of 1977 was enacted. In exercise of powers conferred under the said Act, the State Government framed the Rules of 1981 in which the pensionary benefits of the employees of the private recognized aided schools were recognized under Rule 19. As per this Rule, an employee of an aided secondary school and aided Junior College of Education working on full time basis and retiring on or after 1-4-1966 and an employee of an aided primary school working on full time basis and retiring

¶912

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶913

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¶916

on or after 1-4-1979 who have opted for pension and the employee appointed on or after the said dates would be eligible for pension at the rates and in accordance with the rules as are sanctioned by the Government specifically to the employees of private schools. Thus, the Government brought within the fold of the pension scheme all the full time employees of aided secondary school, aided Junior College of education and primary school from respective dates. The existing staff would have an option to be continued to be governed by the contributory provident fund scheme or to switch over to the pension scheme. All employees appointed after the cut off date would automatically and compulsorily be governed by the pension scheme. The right to claim pension from the Government by a full time employee of a school was thus closely linked with the educational institution receiving aid from the Government. Unless and until, the school in question was paid grant-in-aid by the Government, the question of the employee of said school claiming pensionary benefits from the Government would not arise. It is indisputable that even in absence of the present controversy, an employee of a private recognized school could claim pension from the Government only if the school in which he was employed at the time of his retirement was receiving Government grant-in-aid. Even otherwise, the concept of asking the Government to pay pension to an employee of a school which does not receive grant from the Government is entirely unknown. The liability of the Government to pay to a retired employee of a private recognized school the post retirement benefits would arise only if the school from which the employee retired was receiving Government grant-in-aid. ”

¶917

9. It was, thus, recorded by the learned Full Bench that

¶918

the right to claim pension from the Government by a full-time

¶919

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶920

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employee of a school was closely linked with the educational institution receiving aid from the Government. The reason is obvious. The pension payable to an employee comes from the coffers of the State Government, in short, the State Exchequer. Unless the school in question is ‘grant in aid’ by the Government, the question of claiming the pension from the Government would be a distant dream.

¶924

The learned Full Bench recognised this aspect of the matter and dealt with the issues addressed to it, taking into account the G.R. dated 31^st October , 2005. Consequentially, the learned Full Bench answered the three issues in Paragraph No.37 as under:

¶925

“37. Under these circumstances, we answer the Reference as under:-

¶926

Question No. 1:

¶927

In the context of the right of an employee of private school or college of education to receive pensionary benefits and the corresponding liability of the Government to pay the same, only those schools and colleges of education which are receiving 100% grant-in-aid can be termed as aided institutions. Question No. 2:

¶928

The employees who were appointed prior to 1-112005 in aided recognized primary, secondary schools as well as colleges of education which were receiving less than 100% grant-in-aid as on 1-11-2005 would

¶929

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶930

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be governed by the DCP scheme. Question No. 3:

¶934

Similar will be the situation of the employees who were appointed prior to 1-11-2005 in aided primary, secondary and higher secondary schools as well as the colleges of education which were receiving less than 100% grant-in-aid as on 1-11-2005 but which became 100% aided before 29-11-2010 would also be governed by the DCP scheme. ”

¶935

In 2013, the Division Bench of this Court [Coram: D.Y. Chandrachud (as his Lordship then was) and R.D. Dhanuka, JJ.] dealt with the similar issue in Anuradha Jayant Gangakhedkar

¶936

V/s. Brihanmumbai Municipal Corporation and Others³ . It was concluded in Paragraph No.6, by recording that the definition of the expression ‘qualifying service’ in the Pension Rules refers to service rendered on a permanent post. Services have to be duly approved by the Education Officer. The test for the teaching or non-teaching staff of a Private Primary Aided School, on the date of the retirement of their employee, is whether an employee was a full-time confirmed and approved Employee in an Aided School.

¶937

If that test is satisfied, the Old Pension Scheme is made applicable by virtue of the provisions of clause 5(ii) under the BMC Pension Rules, 1953.

¶938

3 2012 (5) Mh.L.J. 775 This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶939

104 of 115

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¶942

After the learned Full Bench delivered its answers to

¶943

the three issues. The matters which were before the Division Bench, were disposed off by order dated 26^th August, 2019 (Writ Petition No.8387 of 2013 and group of cases) by recording that as the view of the Full Bench has been challenged before the Hon’ble Supreme Court and the matter awaits final adjudication, the issue has attained finality in so far as the view expressed by the Full Bench in Deshmukh Dilipkumar Bhagwan (supra). It was, therefore, directed that the rights of the Petitioners before the Division Bench would be determined by the decision of the Full Bench subject to it being affirmed, modified or reversed by the Hon’ble Supreme Court.

¶944

An identical issue came up before this Court [Coram : R.D. Dhanuka & R.I. Chagla, JJ.] in Writ Petition No.4748 of 2019 and group of cases (Nilesh Namdev Gurav and Others V/s. The State of Maharashtra & Others). These matters were adjudicated upon by the judgment dated 1^st October, 2021. The view of the Full Bench of this Court was adverted to in Paragraph No.8 of the judgment which reads as under:

¶945

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶946

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“8. He has submitted that this Court has consistently held that the services of employees of education institutions is to be counted from the first date of appointment irrespective of whether it is on a part-time or full time post. Where such appointment is prior to 1st November, 2005, then the old pensions scheme would be made applicable to such employee. The only additional condition imposed by the Full Bench in case of Deshmukh Dilipkumar Bhagwan (supra) is that the employees appointed prior to 1st November, 2005 must be employed in aided education institutions, receiving 100% grant-in-aid prior to 1st November 2005 to be granted the old pension scheme. He has accordingly, submitted that the Petitioners in these Petitions who are employees of the educational institutions were appointed on the part-time posts in fully aided education institutions prior to 1st November, 2005, and thus, following the above referred decisions, they would be entitled to the benefits of the old pension scheme. ”

¶950

14. After considering the submissions of the litigating

¶951

parties, it was recorded in Paragraph Nos.13, 14, 15, 16, 17 and 18 as under:

¶952

We are of the view that the issue arising in these Petitions is no longer res integra. There has been a consistent stand taken by this Court in the decisions referred to and relied upon by the learned Counsel for the Petitioners that the service of the employees of educational institutions is to be counted from the first date of appointment irrespective of whether it is on part-time or full time basis. This stand has been made clear by this Division Bench in Renuka Chandrabhan Umredkar (supra), wherein the Government Resolution dated 31st October 2005 as well as the Full

¶953

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶954

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Bench decision of this Court in case of Deshmukh Dilipkumar Bhagwan (supra) and prior decision of Division Bench of this Court in case of Shri Purushottam Harishchandra Shirsekar (supra) amongst other decisions were considered. This Court had upon considering the Government Resolution dated 31st October, 2005 and in particular Clause 4 thereof observed that as per Government Resolution, employees recruited on or after 1st November, 2005 in the services of the recognized aided educational institutions, the new pension scheme i.e. DCP Scheme has been made applicable.

¶958

The Full Bench decision of this Court in the case of Deshmukh Dilipkumar Bhagwan (supra) had held that employees appointed prior to 1st November, 2005 in aided educational institution and receiving 100% grant-in-aid prior to 1st November, 2005 shall be governed by the old pension scheme. It was held that since employees in that matter had been appointed prior to 1st November, 2005 and occupied a part time fully aided post i.e. receiving 100% grant-in-aid from the State Government, the old pension scheme would be made applicable to such employees. This decision has been followed in the subsequent decision in Shri Purushottam Harishchandra Shirsekar (supra) wherein this Division Bench held that the Petitioner had been appointed as part time Shikshan Sevak on 11th September, 2001 on the post which was a sanctioned aided post in the school. The Petitioner’s services were granted approval by the Education Officer and the services continued. The employee was thereafter, appointed as part time teacher and upgraded to full time teacher in the said school on 15th June, 2015 which post was a sanctioned aided post. It was accordingly, held that the Petitioner would be entitled to the benefits of the old pension scheme and the relevant date of the service of the employee is to be counted from the first date of appointment irrespective of whether it is on a part-time or full time posts.

¶959

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶960

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The Division Bench in the recent decision in Renuka Chandrabhan Umredkar (supra) after referring to the above referred decisions held that the Respondent-State could not overlook the fact that the Petitioner therein was appointed as part-time Librarian on aided post in 100% aided school and the said appointment was duly approved by the Education Officer. The Respondents-State thus, could not refuse to give benefit of 50% of services rendered by the Petitioner therein as part-time Librarian prior to 1st November, 2005 for computation of pensionable services along with the services rendered by the Petitioners on full time basis after 31st October, 2005. The entitlement of the Petitioner for pension under the old pension scheme would be on the basis of initial date of appointment as part-time Librarian on aided post and not on the basis of appointment as full time Librarian under DCP Scheme. It has accordingly, been held that the Petitioner would be governed by the old pension scheme and not DCP Scheme introduced on 31st October, 2005.

¶964

We are of the view that the present case of all the Petitioners are similar as to the Petitioners in the above referred decisions as they were appointed prior to 1st November, 2005 in fully aided education institutions albeit on part-time basis. It is clear from the Affidavit in Reply of Respondent No. 5 fled in Writ Petition No. 4748 of 2019 and Writ Petition No. 4749 of 2019 that the only contention of the Respondents is that the Petitioners were not appointed as fulltime employees prior to 1st November, 2005 and were appointed as parttime employees and thus, not extended the old pension scheme. However, it has not been disputed that the Petitioners were employees in educational institutions which were fully aided institutions prior to 1st November, 2005.

¶965

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶966

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¶969

It is noted that Respondents have in the Charts annexed to the said Affidavits singled out the case of Petitioner No. 6 in Writ Petition No. 4748 of 2019 by stating that he was an employee on unaided post. However, it is clear from the Government Resolution dated 19th July, 2011 that what is to be taken into consideration is whether the educational institution is a fully aided educational institution, receiving 100% aid from the Government Resolution and not whether particular post is aided or not.

¶970

Petitioner No. 6 in Writ Petition No. 4748 of 2019, having been appointed prior to 1st November, 2005 on part-time basis in a fully aided education institutions would along with the other Petitioners be entitled to the benefits of the old pension scheme. Hence, we pass the following order:-

¶971

(i) Petitioners in Writ Petition No. 4748 OF 2019, Writ Petition No.4744 OF 2019, Writ Petition No. 4747 OF 2019 and Writ Petition No. 4749 OF 2019 are entitled to be governed under the old pension scheme i.e. Maharashtra Civil Services (Pension) Rules, 1982 and Maharashtra Civil Services (Communication of Pension) Rules, 1984 and General Provident Fund is applicable to the Petitioners who are either Assistant Teachers or Non-Teaching employees, appointed prior to 1st November, 2005.

¶972

(ii) The Respondent Nos. 1 to 5 shall extend the benefits of the old pension scheme to the Petitioners and shall not deduct any amount from the salary of the Petitioners by applying the DCP Scheme (New Pension scheme). In the event, any amount has been deducted by applying the DCPS, such amount shall be refunded to the Petitioners within a period of four weeks from today.

¶973

(iii) Respondents shall allot the General Provident Fund Account (GPF Account) to the Petitioners and thereafter, permit the educational institutions to deduct the amount of monthly

¶974

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶975

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¶976

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¶978

compensation from the monthly salary of the Petitioners and deposit the same in the said GPF Account which shall be done within a period of six weeks from the date of this order.

¶979

(iv) Rule is made absolute in the above terms. (v) Writ Petition is accordingly disposed of. (vi) There shall be no order as to costs. (vii) Parties to act upon an authenticated copy of this order.

¶980

This Court, therefore, concluded by placing reliance upon the Full Bench view in Deshmukh Dilipkumar Bhagwan (supra) that educational institutions receiving grant in aid prior to 1^st November, 2005 would be governed by the Old Pension Scheme. In so far as part-time librarians were concerned, it was concluded that their entitlement for pension under the Old Pension Scheme would be on the basis of the initial date of appointment on an aided post prior to 31^st October, 2005. While adverting to the details of the Petitioners set out in the charts that were made available to the Court, the Division Bench concluded that those who are in employment prior to 1^st November, 2005, even on part-time basis in a fully aided educational institution, would be entitled for the benefits of the Old Pension Scheme.

¶981

In Writ Petition No.327 of 2023 (Smt. Anuradha

¶982

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶983

110 of 115

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¶986

Pramod Kale @ Anuradha Ashokrao Sagane V/s. The State of Maharashtra and Others), the Nagpur Bench referred the case of the Petitioners to the Deputy Director of Education for considering their eligibility for the OPS.

¶987

In view of the above, these Petitions are disposed off with the following directions:-

¶988

(a) The cases of these Petitioners (working in Junior colleges) including those persons who are represented by a Union or an Action Committee, or those who have not approached the Court, would be placed before the respective Deputy Director of Education of the said Division. In the case of the schools, the proposals would be tendered to the Education Officer, who would transmit them to the Deputy Director of Education. In the case of Junior College Employees, their respective Managements would forward their proposals directly to the Deputy Director of Education.

¶989

(b) Let the above exercise be completed by the respective employers within a period of 45 days from the

¶990

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶991

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¶992

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¶994

date of the uploading of this final order on the official website of the Bombay High Court. Parties are at liberty to act on the printout of this final order downloaded from the official website.

¶995

(c) After the Deputy Director of Education of the respective regions receive such proposals, a meticulous scrutiny of the records would be carried out with the assistance of the Management. While sending the proposals, the Managements would mention their e-mail addresses on the proposals for easy correspondence so as to enable the Deputy Director of Education to seek clarification or assistance or solicit further information, as the case may be.

¶996

(d) All the proposals would be scrutinised, preferably by 30^th September, 2025.

¶997

(e) The concerned Deputy Director of Education would pass individual orders in the case of each candidate mentioned in the proposal. Those who are already retired would be given a priority and their proposals would be

¶998

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶999

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¶1000

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¶1001

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¶1002

decided first. Those who are close to retirement, their proposals would be taken up thereafter and those who have a sufficiently long duration for retirement, would be taken up thereafter.

¶1003

(f) In matters wherein the proposals are negatived, the Deputy Director would assign reasons which would indicate the basis of the rejection. We clarify that his order must clearly indicate the reasons for the refusal of the Old Pension Scheme to a particular candidate.

¶1004

(g) We make it clear to the Managements of all Schools and Colleges over the State of Maharashtra that they would forward the proposals as directed above, not only with regard to those Petitioners or candidates who were able to reach the Court by filing Petitions, and would include even those candidates who are the employees on its rolls and forward their proposals also to avoid further litigation or inflow of new matters. In short, those candidates who are employees and not before the Court would also be the beneficiaries of this order and the

¶1005

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶1006

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¶1008

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¶1009

respective employers would also forward their proposal along with proposals of these Petitioners.

¶1010

(h) Until the decision of the Hon’ble Supreme Court is delivered in the Special Leave Petition (SLP) filed by the State Government challenging the view taken by the Division Bench in Nilesh Namdev Gurav (supra) and the proceedings initiated by individuals before the Hon’ble Supreme Court [assailing the view taken by the learned Full Bench of this Court in Deshmukh Dilipkumar Bhagwan and Others (supra)], the Deputy Director of Education would follow the law as is laid down in Deshmukh Dilipkumar Bhagwan and Others (supra) and Nilesh Namdev Gurav (supra). In the event, the Hon’ble Supreme Court delivers an order in Deshmukh Dilipkumar Bhagwan and Others (supra) and/or Nilesh Namdev Gurav (supra), the said Authority would be obliged to follow the view and the directions set out by the Hon’ble Supreme in such judgment.

¶1011

With reference to cases which are favourably decided

¶1012

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶1013

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¶1014

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¶1015

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¶1016

by the Deputy Director of Education and they are held eligible for the Old Pension Scheme, especially with regard to those who have already superannuated, further steps for submission of their pension papers and their clearance, shall be taken up expeditiously and in such circumstances, the Office of the Accountant General (A.G) would not hold any of such candidates as being ineligible for pension since the Deputy Director having already completed the entire exercise of scrutiny.

¶1017

Needless to state, those aggrieved by the decision of the Deputy Director of Education, would be at liberty to seek redressal of their grievance by availing of a remedy as may be permissible in law.

¶1018

All pending Interim Applications would not survive and stands disposed off .

¶1019

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

¶1020

This Judgment is modified as per speaking to the minutes of the order dated 22.04.2025.

¶1021

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Dr Manisha Bharat Salunkhe v. the State of Maharshtra and Ors.

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