VITTHALPANT VAMANRAO SHINDEversusTHE STATE OF MAHARASHTRA THR. THE SECRETARY DEPARTMENT OF EDUCATION AND SPORTS AND ORS

2026:BHC-KOL:7799-DB

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                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIRCUIT BENCH AT KOLHAPUR
                                        CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 10006 OF 2025


               Vitthalpant Vamanrao Shinde                                  ...Petitioner
                         Versus
               The State Of Maharashtra Thr. The Secretary                  ...Respondents
               Department Of Education And Sports And Ors

                                                ——————
               Mr. Shankar Katkar i/b Ms. Manisha Devkar, for the Petitioner.
               Mr. Avinash Naik, AGP for the Respondent Nos. 1 to 4-State.
                                                ——————
                                                  Coram :     SHARMILA U. DESHMUKH &
                                                              NEERAJ P. DHOTE, JJ.
                                                  Date      : AUGUST 19, 2026
               P. C. :

               1.        By the present Petition, the Petitioner seeks direction to the

               Respondent No. 3 to rectify the order dated 28 th February, 2025 to the

               extent of payment of salary with effect from 16 th May, 2023, and seeks

               payment of salary from 1st June, 2015 to 31st May, 2018 as Shikshan

               Sevak, and from 1st June, 2018 as Assistant Teacher with all

               consequential benefits.

               2.        The facts of the case are that the Petitioner came to be appointed

               as Shikshan Sevak on 1st June, 2015 and as Assistant Teacher from 1st

               June, 2018. An application was submitted for approval to the Education

               Officer on 14th June, 2019, and by order dated 23 rd November, 2022,


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Education Officer granted approval to the Petitioner's appointment.

The Education Officer granted approval with effect from 1st June, 2015

for three years i.e. till 31st May, 2018. On 1st July, 2024, Respondent No.

4, Education Officer, forwarded a communication to Respondent No. 3

for inclusion of the name of the Petitioner in Shalarth ID vide order

dated 28th February, 2025, the Respondent No. 3 included the name of

Petitioner in Shalarth ID, however directed payment of salary from 16 th

May, 2023. The Respondent Nos. 5 and 6 forwarded a formal proposal

for approval as Assistant Teacher.

3.      By the order of 25th April, 2025, the Education Officer, Zilla

Parishad Solapur, referred to the order of Deputy Director of Education

dated 20th February, 2025, by which the Petitioner's name was

permitted to be entered into Shalarth Pranali with effect from 16 th May,

2023. The Education Officer by reason thereof directed that the salary

will be paid from 16th May, 2023, while granting approval.

4.      Learned counsel for the Petitioner would point out that the

approval was granted to the Petitioner's appointment which was on 1 st

June, 2015. He submits that in view thereof, the Petitioner is entitled to

salary from date of his appointment, i.e. 1 st June, 2015, and not from the

date when his name was entered into Shalarth Pranali on 16th May, 2023.

5.      Learned AGP would submit that though the Petitioner claims to

have been appointed in the year 2015, the proposal was sent only on


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14th June, 2019. He would further point out that on 28 th February, 2025,

the Petitioner's name was included into Shalarth Pranali, and direction

was given by the Deputy Director of Education to make payment from

16th May, 2023, and accordingly, Education Officer, by the order of 25 th

April, 2025, is following the directions of the Deputy Director of

Education.

6.      We have perused the orders passed by the Deputy Director of

Education and the Education Officer.

7.      The approval was granted to the Petitioner's appointment as

Shikshan Sevak by order of 23rd November, 2022, which makes a

reference to the proposal submitted on 14th June, 2019. The approval

has been granted after a period of almost three years by the Education

Officer and considering that the proposal was sent in 2019 and

approved on 23rd November, 2022, for the period from 2015 to 2022,

the burden would be upon the management of the payment of the

Petitioner's salary. As the proposal has been approved on 23 rd

November 2022, we are of the opinion that salary is required to be paid

from the date of the approval, i.e. 23rd November, 2022.

8.      The order of 28th February, 2025 of the Deputy Director of

Education directs the payment of salary from 16th May, 2023 for the

reason that the roster came to be approved on 16 th May, 2023. As the

approval has been granted on 23rd November, 2022, the Deputy Director


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of Education could not have postponed the date for payment of the

salary based on approval of roster. All these aspects are required to be

considered at the time when the approval is granted by the Education

Officer, and the Deputy Director of Education cannot by way of

subsequent communication while entering the name of the Petitioner in

the Shalarth Pranali postpone the date to 16th May, 2023 on the basis of

the approval of the roster on the said date. The Education Officer by the

order dated 25th April, 2025 has followed the direction of the Deputy

Director of Education. The order of 28 th February, 2025 passed by the

Deputy Director of Education does not indicate any reasons as to why

the direction is for payment of the salary from 16 th May, 2023 and there

is merely a remark that the roster is approved on 16 th May, 2023, and

accordingly, salary is to be paid from the said date.

9.      In our opinion, as the approval was granted on 23 rd November,

2022, the Petitioner is entitled to the salary from 23 rd November, 2022

alongwith all consequential benefits. The impugned order dated 28 th

February, 2025 which directs the payment of salary with effect from 16 th

May, 2023 is modified and the date for payment of salary to be

construed as 23rd November, 2022.

10.     The Petition is allowed in the above terms.



 [NEERAJ P. DHOTE, J.]                     [SHARMILA U. DESHMUKH, J.]


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