Bombay High Court

JAYASHREE RAJENDRA ADHAV AND OTHERSversusSTATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI HITEN S VENEGAVKAR

Holding

The court held that the Education Officer (Primary), Zilla Parishad, Chhatrapati Sambhajinagar must complete the inquiry into the petitioners' claims within four weeks.

Summary

The petitioners, who are teachers, were appointed as Assistant Teachers by respondent No.6 but were not paid regular salaries by respondents Nos.5 and 6, leading them to resign. They sought payment of arrears of salary, gratuity, and Provident Fund contributions, as well as issuance of service books and experience certificates. The court noted that an inquiry had been ordered by the Education Inspector and that the Education Officer (Primary), Zilla Parishad, Chhatrapati Sambhajinagar, had directed respondents Nos.5 and 6 to discharge their payment obligations. The learned AGP submitted that the inquiry would be completed within four weeks. The court directed the Education Officer to complete the inquiry within four weeks from the date of the order and listed the matter for compliance on 10 March 2026, thereby disposing of the petition.

Issues considered

Whether respondents Nos.5 and 6 are liable to pay arrears of salary, gratuity and Provident Fund to the petitioners after their resignation.
Whether the court should direct an inquiry into the allegations of non‑payment and related service benefits.
Whether the petition is maintainable for a direction to complete the inquiry within a specific time‑frame.

Subjects

teachers
salary arrears
gratuity
provident fund
resignation
inquiry
education officer
service book
experience certificate
public service

Judgment

2026:BHC-AUG:4644-DB


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD


                               11 WRIT PETITION NO. 14201 OF 2025


                            JAYASHREE RAJENDRA ADHAV AND OTHERS
                                               VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS
                                                  ...
                Mr. Parag Barde, Advocate h/f Mr. Y.H. Jadhav, Advocate for petitioners
                            Mr. V.M. Kagne, AGP for respondent Nos.1 to 4
                                                  ...

                                           CORAM :      SMT. VIBHA KANKANWADI &
                                                        HITEN S. VENEGAVKAR, JJ.

                                           DATE :       02nd FEBRUARY, 2026


            ORDER :



            .            By way of present petition the petitioners, who are Teachers by

            profession, submit that they have been appointed as Assistant Teachers in

            respondent No.6 after following due selection process and accordingly they

            were entitled for regular salaries to be paid by respondent Nos.5 and 6. As

            respondent Nos.5 and 6 were not able to pay the regular salaries, all the

            petitioners had tendered their resignation and, therefore, have started

            demanding the arrears of salary along with the gratuity and Provident Fund

            contribution for the defaulted period from respondent Nos.5 and 6.
                                       2                           11_WP_14201_2025



2           After hearing the petitioners on 11.12.2025 we have noted that

learned AGP who appeared for respondent Nos.1 to 4 had tendered a

communication dated 20.09.2025 issued by Education Inspector from the

office of Divisional Deputy Director of Education, Chhatrapati Sambhajinagar

which stated that respondent No.3 has already given directions to respondent

No.4 to conduct an inquiry in view of allegations made by petitioners against

respondent Nos.5 and 6 and the said inquiry will be concluded within a

period of eight weeks from 11.12.2025 and the report will be filed

accordingly. Learned AGP today tenders a communication dated 12.12.2025

stating that respondent Nos.5 and 6 have already been directed by Education

Officer   (Primary),   Zilla   Parishad,   Chhatrapati   Sambhajinagar       that

responsibility of paying arrears of salary along with all the other benefits and

issuing service book and experience certificate is complete responsibility of

respondent Nos.5 and 6 and, therefore, in accordance with law the said

responsibility should be discharged immediately.      In accordance with this

letter respondent Nos.5 and 6 have tendered their reply and thus, the learned

AGP submits that the entire inquiry will be completed within a further period

of four weeks from today.


3           We take the statement on record and dispose of the petition by

directing the Education Officer (Primary), Zilla Parishad, Chhatrapati
                                    3                       11_WP_14201_2025



Sambhajinagar to complete the inquiry within a period of four weeks from

today.


4          List the matter for compliance on 10.03.2026.




( HITEN S. VENEGAVKAR, J. )              ( SMT. VIBHA KANKANWADI, J. )




agd

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