Bombay High Court
VIDHYABHARTI SHIKSHAN PRASARAK MANDAL SHIRUR THR ITS SECRETARY AND ORSversusTHE STATE OF MAHARASHTRA THR. THE SECRETARY SCHOOL EDUCATION DEPARTMENT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the State Government must release the unpaid salaries of the petitioners for the period from October 2016 within six weeks, failing which it will face contempt proceedings.
Summary
The petitioners, who are part‑time assistant teachers in various schools, claimed that their salaries had not been paid since October 2016 and that their applications for full‑time posts were ignored. They sought writs of certiorari and mandamus directing the State of Maharashtra to release the arrears, regularize their salaries, and appoint them to available full‑time positions. The Court noted that similar petitions had been decided in Hon Mahadeo v. State of Maharashtra, where the Court ordered payment of salaries in line with its 31 October 2018 judgment. Relying on that precedent, the Court directed the State Government to pay all outstanding salaries for the period from October 2016 within six weeks and to submit any required bills within ten days, warning of contempt proceedings for non‑compliance. The three writ petitions were consequently disposed of with the relief granted and no costs awarded.
Issues considered
- Whether the State of Maharashtra is liable to pay the arrears of salary to part‑time assistant teachers from October 2016 onward.
- Whether the petitioners are entitled to be appointed as full‑time assistant teachers in sanctioned posts.
- Whether the earlier judgment in Hon Mahadeo v. State of Maharashtra governs the present petitions.
- What consequences, if any, arise for failure to comply with the Court’s order.
Legislation cited
Subjects
- salary arrears
- part‑time teacher
- full‑time appointment
- writ of mandamus
- education department
- Maharashtra
- contempt of courts
- public service
Judgment
13-WP-13048-24 & ORS.DOC
JYOTI
RAJESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANE
Digitally signed by
CIVIL APPELLATE JURISDICTION
JYOTI RAJESH MANE
Date: 2026.08.03
15:54:57 +0530
WRIT PETITION NO. 13048 OF 2023
Chhatrapati Shikshan Mandal Thru .Its Surchitnis
Shri. Nilesh Shankar Revagade And Ors. ...Petitioners
Versus
The State Of Maharashtra Trh
Thr Secretay School
Education And Ors ...Respondents
WITH
WRIT PETITION NO. 13140 OF 2023
Sagar Education Trust Thr
Secretary And Anr ...Petitioners
Versus
The State Of Maharashtra Thru
Thr Secretay School
Education And Ors ...Respondents
WITH
WRIT PETITION NO. 13085 OF 2023
Vidhyabharati Shikshan Prasarak Mandal & Ors. ...Petitioners
Versus
The State Of Maharashtra
Through the Secretary, School Education
and ORS ...Respondents
_______
Mr. Shaikh Nasir Masih a/w. Mr. Shaikh Saad Amin, for Petitioners.
Ms. Kavita N. Solunke, Addl. G.P. for Respondent-State.
_______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE : 27 JULY 2026
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13-WP-13048-24 & ORS.DOC
P.C.
1. These three writ petitions involve similar reliefs and hence can be
conveniently disposed of by this common order.
2. The institutions in which the Petitioners are working differ in each of
these petitions. The prayers of Writ Petition No.13048 of 2023 are reproduced
below as the lead petition:
[A] Writ of Certiorari, Writ of Mandamus or any other appropriate Writ, Order or
direction be issued calling for the records and proceedings pertaining to the release of the
arrears / salaries of the Petitioner No. 3 and after going through and examining the
legalities and proprieties thereof, this Hon'ble High Court be pleased to order and direct
the Respondent Nos. 1 to 4 to forthwith release the arrears / salaries of the Petitioner No. 3
from the month of October 2016 onwards as Part Time Asstt. Teacher and also to absorb
the Petitioner No. 3 as a Full Time Asstt. Teacher in available post from the academic year
2016-2017 and to release the salaries of the Petitioner No. 3 accordingly;
[B] Writ of Certiorari, Writ of Mandamus or any other appropriate Writ, Order or
direction be issued calling for the records and proceedings pertaining to the release of the
salaries of the Petitioner No. 3 and after going through and examining the legalities and
proprieties thereof, this Hon'ble High Court be pleased to quash and set aside the letter
dated 20.02.2023, issued by Respondent No. 4 with further direction to forthwith release
all the arrears of the salaries of the Petitioner No. 3 with accruable interest there upon and
also to release the regular salaries of the Petitioner No. 3 month to month;
[C] pending the hearing and final disposal of the Petition, this Hon'ble High Court be
pleased to order and direct the Respondent Nos. 1 to 5 to forthwith release the arrears and
salaries of Petitioner No. 3, which are arbitrarily withheld and be pleased to further order
and direct the Respondent Nos. 1 to 5 to deposit and continue to deposit the salaries of the
Petitioner No. 3 in her salary account, in as much as Shalarth ID is already granted;
3. The principal grievance of the Petitioners in these petitions is that their
salaries have not been released from October 2016 onwards and continue to remain
unpaid till date. The Petitioners have also raised a grievance that their cases for
appointment/approval as full-time Assistant Teachers against the available
sanctioned posts have not been considered by the Respondents.
4. Similar petitions seeking substantially identical reliefs had earlier come up
for consideration before a co-ordinate bench of this Court. By an order dated 17th
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December 2021 passed in Honmane t. Mahadeo vs. State of Maharashtra & Ors 1
along with connected petitions, the State Government was directed to release the
amounts payable to the petitioners therein in compliance with the orders dated 31st
October 2018, 23rd March 2021, and 26th November 2021, within a period of six
weeks from the date of the said order. The relevant portion of the order reads thus:
1. Pursuant to the order dated 26th November, 2021 passed by this Court
observing that the respondent nos. 6 and 7 are admittedly not complying with the
order dated 23rd March, 2021 and granting time to the learned AGP to take
instructions as to whether the petitioners in this case are entitled to payment on the
line of the directions issued by this Court on 31 October, 2018 in Writ Petition
No.1183 of 2018 on the next date, learned AGP tenders the affidavit of Mr.Sandeep
Sangave, Deputy Director of Education, Mumbai Region, Mumbai affirmed on 15th
December, 2021 stating that the Education Officer from Thane and Phalghar have
complied with the order and the directions issued by this Court on 31 October, 2018
and have already released the payment of salary of the part time teachers.
2. In paragraph 7 of the said affidavit, it is stated that the petitioners in these
petitions are also identical part time teachers as of the petitioners in that matter.
Those petitioners are getting their salaries at present working with their respective
schools.
3. Learned counsel for the petitioners states that these petitioners however
are not paid salary since 2016 till date. Statement is accepted.
4. Learned counsel for the parties jointly state that the payment of salary to
these petitioners have to be made in line with the salary payable as per judgment
dated 31 October, 2018. The State Government is directed to pay the amount due to
these petitioners in line with order dated 31 October, 2018 and in compliance with
the order dated 26th November, 2021 within six weeks from today, without fail for
the balance period which remained unpaid.
5. If any bills are required to be sent by the Management, the same shall be sent
within one week from today. It is made clear that no further extension of time would
be granted to release these payments. It is made clear that if the order is not
complied with within the time stipulated, this Court will initiate an action under the
provisions of the Contempt of Courts Act against the concerned officer.
6. Place the matters on board for reporting compliance on 3rd February, 2022.
(emphasis supplied)
5. Learned counsel appearing for the Petitioners as well as the
Respondents are ad idem that the relief granted by the co-ordinate bench of this
1 Writ Petition No. 12610 of 2018
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Court in Honmane Mahadeo (supra) by order dated 17th December 2021 would
squarely govern the facts of the present case. Accordingly, following the said
decision, we direct the State Government to release and pay the unpaid salaries due
to the Petitioners in the above three petitions for the balance period commencing
from October 2016 within a period of six weeks from today, without fail.
6. If any bills are required to be sent by the Management, the same shall
be sent within 10 days from today. It is made clear that no further extension of time
would be granted to release these payments. It is made clear that if the order is not
complied with within the time stipulated, this Court will initiate an action under
the provisions of the Contempt of Courts Act against the concerned officer.
7. All the three Writ Petitions are disposed of in the aforesaid terms. No costs.
(AARTI SATHE, J.) (G. S. KULKARNI, J.)
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