Shaikh Nafees Ahmed Abdul Jabbar and Ors. vs Malegaon Municipal Corporation through the Commissioner and Ors.

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917.AS. WP.4397.2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4397 OF 2024

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Digitally signed by VINA VINA ARVIND ARVIND KHADPE KHADPE Date: 2026.02.09 15:26:13 +0530

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Shaikh Nafees Ahmed Abdul Jabbar Age : 54 years, Occupation : Service.

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Ansari Naeem Ahmed Anees Ahmed & Anr. Age : 48 years, Occupation : Service.

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Shaikh Yusuf Shaikh Ahmed, Age : 47 years, Occupation : Service.

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Ansari Fazalurrahman Mohammad Haneef, Age : 52 years, Occupation : Service all having place of work at Municipal Urdu School, Malegaon, District Nashik. ….Petitioners

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Versus

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Malegaon Municipal Corporation, through the commissioner having its office at Malegaon Fort Area, District Nashik 423 203.

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Administrative School Officer, Board Malegaon District Nashik 423 203.

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Deputy Director of Education, Government Colony, Nashik Road, Nashik 422 214.

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State of Maharashtra through thereafter Secretary School Education Department Mantralaya Mumbai 400 032.

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Chief Executive Officer, Zilla Parishad, Jalgaon 425 001. ….Respondents ----

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917.AS. WP.4397.2024.odt

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Ms. Panthi Desai i/b. Ms. M. P. Vashi & Associates, for Petitioners. Mr. Rahul S. Kate, for Respondent Nos. 1 & 2.

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Mr. O. A. Chandurkar, Addl. GP a/w. Ms. Priyanka Chavan, AGP for the State.

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Mr. Yogesh Jaybhaye, for Respondent No. 5.

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CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ. DATE : 06^th FEBRUARY, 2026

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P.C. :-

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Rule. Rule made returnable forthwith and heard finally

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by the consent of the parties.

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The Petitioners have put forth Prayer Clauses A, B and

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C, as under :

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A. That a writ of certiorari or any other writ, order or directions be issued calling for the records and files of the case and after going into the legality and validity of the impugned order dated 29^th February, 2024 (Exhibit-M), quash and set aside the same.

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B. That a writ of mandamus or any other writ, order or direction be issued ordering and directing the respondent No. 1 to permit the Petitioners to continue to work as assistant teachers in the primary schools run by the respondent No. 1 and grant all benefits.

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C. That a writ of mandamus or any other writ, order or direction be issued ordering and directing the respondents to pay the arrears of salary of the petitioners from May 2023 and thereafter pay regular salary.

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917.AS. WP.4397.2024.odt

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The dates and sequence of events are undisputed. Respondent No. 4 State of Maharashtra issued a Government Resolution on 29.06.2017, providing for the transfer of teachers from schools run by the Zilla Parishad, Jalgaon, to Respondent No. 1 Malegaon Municipal Corporation. The Petitioners applied pursuant to the said Government Resolution. Since the issue remained unresolved, the Petitioners approached this Court in Writ Petition No. 5085 of 2019. By an order dated 11.04.2022, this Court permitted the Petitioners to make an appropriate application to Respondent No. 5, who was directed to consider the same in the light of the Government Resolution.

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The Zilla Parishad, Jalgaon, addressed a letter to the Malegaon Municipal Corporation on 06.02.2017, informing the latter to absorb the Petitioners in its primary schools. The Corporation passed a Resolution on 23.06.2021 with regard to Petitioner Nos. 1 to 3. A separate Resolution was passed on 17.02.2022 with reference to Petitioner No. 4. The Municipal Corporation of Respondent No. 1 granted approval. Respondent No. 2 granted its NOC for transferring the Petitioners from the primary schools at Jalgaon to the primary schools of Respondent

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917.AS. WP.4397.2024.odt

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No. 1 – Municipal Corporation.

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Respondent No. 5 Jalgaon Zilla Parishad permitted the transfer of the Petitioners from the primary schools operated by it to the primary schools operated by the Municipal Corporation. The Petitioners joined duty in the primary schools operated by Respondent No. 1 Corporation on 24.05.2023.

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Respondent No. 2 Administrative School Officer informed one of the Petitioners that their transfers had not been approved by the Deputy Director of Education, and that the procedure for granting approval to the inter-district transfers had not been followed.

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Despite several representations, Respondent No. 1 declined to release the salaries payable to the Petitioners.

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The Petitioners approached this Court in Writ Petition No. 15782 of 2023, as they were not paid salaries by the Corporation from May 2023. By an order dated 18.01.2024, the Corporation was directed to release the salaries of the Petitioners from May 2023

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917.AS. WP.4397.2024.odt

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within six weeks. However, on 29.02.2024, the Petitioners were relieved by the Corporation.

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It is in the light of the above that we have passed an order on 21.01.2026, which reads as under :

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1. Considering the order dated 02.09.2025, the learned Advocate for the Municipal Corporation submits that the Municipal Corporation is preparing a data of vacant posts and is also considering the reservation roster to apprise the Court as regards the availability of further vacancies and, the persons from which categories can be accommodated thereunder.

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2. List this Petition, in the urgent supplementary board, on 06.02.2026 .

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In response to the above order, the Malegaon Municipal

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Corporation has conveyed to its learned Advocate, vide communication dated 05.02.2026, that the Petitioners can be absorbed against the vacant posts in the Malegaon Municipal Corporation. A copy of the communication dated 05.02.2026 is taken on record and marked as ‘X’ for identification.

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Considering the above, this Petition stands worked out to a considerable extent. However, the Petitioners have a grievance

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917.AS. WP.4397.2024.odt

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regarding non-payment of salary from 29.02.2024 till date. It is prayed that either Respondent Corporation or the Jalgaon Zilla Parishad be directed to release the salary.

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We find from the record that the Jalgaon Zilla Parishad had followed the due procedure and relieved the Petitioners to report for duties with the Malegaon Municipal Corporation. It is stated, on instructions, by the learned Advocate for the Petitioners that their services are grant-in-aid with the Malegaon Municipal Corporation.

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We find from the record that it was the Corporation that raised an objection regarding the procedure not being followed by the Jalgaon Zilla Parishad. Per contra , the Jalgaon Zilla Parishad has taken a stand that it transferred the Petitioners to the Corporation after following the due procedure. The learned Advocate for the Petitioners submits that the Corporation has not paid the salaries of the Petitioners from the dates of relieving from service.

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We find that the Corporation had carried out proper verification and granted its NOC, which facilitated the transfer of

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917.AS. WP.4397.2024.odt

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the Petitioners from the Jalgaon Zilla Parishad to the Municipal Corporation. After such scrutiny was completed and upon noting that all the documents were in order, the Corporation permitted the Petitioners to report for duty. The Jalgaon Zilla Parishad now has no role to play. The Corporation has since relented and, by the document marked ‘X’ dated 05.02.2026, has taken a stand that the Petitioners can be absorbed into its service.

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In our view, the Corporation ought to have first verified the position, considering that the Zilla Parishad had relieved the Petitioners and the Corporation had absorbed them after following the due procedure. If the Corporation noticed any deficiency, it ought to have raised the same before permitting the Petitioners to report for duty with the Corporation. It is nobody’s case that any illegality was committed in permitting the Petitioners to report for duty with the Corporation. Had that been so, the Corporation could have declined to grant its NOC for such transfers. Having granted the NOC, having permitted the Petitioners to report for duty with the Corporation, and having made salary payments until 29.02.2024, we find no fault on the part of the Zilla Parishad.

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917.AS. WP.4397.2024.odt

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In view of the above, and in the light of document ‘X’ and the statement made on instructions by the learned Advocate for the Corporation, the Petitioners would be permitted to report for duty from 09.02.2026. They shall be deployed in such schools as may be decided by the Corporation. The work schedule would be published by the Corporation, and the Petitioners shall accordingly report for duty. They would be granted continuity in service. Since we have observed that the Corporation ought not to have relieved the Petitioners after they had reported for duty and had rendered more than seven months of service, and now that the decision to relieve them has been retracted, the Corporation would pay the salary for the period during which the Petitioners were kept out of employment by the Corporation’s own action. Such outstanding salaries would be paid to the Petitioners within a period of thirty days, failing which, the said amounts would carry simple interest at the rate of 5% per annum and would be paid within thirty days thereafter.

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17. Rule is made absolute in the above terms.

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(ABHAY J. MANTRI, J.)

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(RAVINDRA V. GHUGE, J.)

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Shaikh Nafees Ahmed Abdul Jabbar and Ors. v. Malegaon Municipal Corporation through the Commissioner and Ors.

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Shaikh Nafees Ahmed Abdul Jabbar and Ors. v. Malegaon Municipal Corporation through the Commissioner and Ors.

Case brief

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