Yogesh Chandrakant Gawali and Ors. v. the State of Maharashtra Throu. the Sec. School Education Dept and Ors.
Case brief
What is this about?
Writ petitions allowed; Shikshan Sevak versus Assistant Teacher appointment; Pavitra Pranali / TAIT 2022 selection without interview; General Merit List pay scale S-14 (Rs. 38,600/- – Rs. 1,22,800); consolidated honorarium Rs. 18,000 per month; unaided secondary schools of Pimpri-Chinchwad Municipal Corporation; Government Resolutions dated 13.10.2000, 26.04.2006 and 07.02.2019; waiver plea; undertaking and indemnity bond; coercion, duress, 'contracting out'; model employer censure; mandamus under Article 226; recall of appointment orders; retrospective fresh appointment orders; arrears with set-off; 5% simple interest default; Maharashtra School Education Department; Deputy Director of Education communication dated 02.09.2025; Bombay High Court, Coram Ghuge & Mantri JJ.
What did the court decide?
All petitions allowed. The Commissioner of the Pimpri-Chinchwad Municipal Corporation is directed to recall the impugned appointment orders and issue fresh appointment orders designating the Petitioners as Assistant Teachers with the pay band in column No. 6 of the published General Merit List for their respective categories, effective from the date of the erroneous orders; the exercise to be completed within ten working days. Arrears of pay to be computed and the Rs. 18,000/- per month already paid set off, with balance payable within forty-five days; on counsel's concession, no interest if paid within forty-five days, failing which arrears carry simple interest at 5% per annum from the month payment became due. Rule made absolute.