Bombay High Court
ANJALI MILIND PENDSEversusSINHAGAD TECHNICAL EDUCAION SOCIETY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the contemnor to file an affidavit confirming payment of dues by 31 August 2026 and directed the Joint Director of Education to submit a comprehensive compliance affidavit by 3 August 2026.
Summary
The Bombay High Court heard a batch of writ and contempt petitions filed by employees of Sinhgad Technical Education Society (STES) alleging non-payment of salaries for over 22 months and seeking enforcement of court orders. The Court noted that 772 former employees claim about Rs. 21 crore are due, and the STES has promised payment by 31 August 2026. It directed the contemnor to file an affidavit confirming this undertaking and ordered the Joint Director of Education to submit a detailed affidavit on compliance with earlier orders by 3 August 2026. The Court also instructed petitioners to compile statements of amounts due to each employee and to list all relevant orders. Further hearings were scheduled for 5 August 2026, with the Court emphasizing the fundamental right to livelihood under Articles 14, 21 and 19(1)(g) of the Constitution.
Issues considered
- Whether STES is liable to pay pending salaries and dues to its current and former employees.
- Whether the contempt proceedings against STES require an undertaking to pay the claimed amounts.
- Whether the compliance of earlier court orders (dated 13 July 2026, 17 July 2025, 18 March 2025) by the Joint Director of Education is satisfactory.
- Whether the disputes between STES and the State Government over reimbursement of tuition fees for reserved‑category students are connected to the salary claims.
Legislation cited
- Constitution of India — s. Article 14, Article 19(1)(g), Article 21, Article 215
- Contempt of Courts Act — s. 1971
Subjects
- salary non-payment
- contempt of court
- educational institution
- employee rights
- fundamental rights
- writ petition
- batch hearing
- Joint Director of Education
- Maharashtra
Judgment
15-WP-6521-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6521 OF 2025
Sunetra Rajendra Pawar ...Petitioner
Versus
The State Of Maharashtra Thr. Principal Secretary,
Department Of Higher And Technical Education & Ors. ...Respondents
WITH
WRIT PETITION NO. 10485 OF 2025
Amol Nivrutti Bandal & Anr. ...Petitioners
Versus
Sinhagad Technical Education Soc. Thr.
Its Secretary & Ors. ...Respondents
AND
CONTEMPT PETITION NO. 76 OF 2026
IN
WRIT PETITION (ST) NO. 6104 OF 2022
Dr. Poonam G. Sawant ...Petitioner
Versus
Maruti Nivrutti Navale Thr. Its President,
The Sinhgad Technical Education Society & Ors. ...Respondents
WITH
CONTEMPT PETITION NO. 349 OF 2026
IN
WRIT PETITION NO. 6765 OF 2018
Rohini Aniruddha Mohekar ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 77 OF 2026
IN
WRIT PETITION NO. 14687 OF 2023
Meenakshi Dhar ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 78 OF 2026
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Roopa Dudhankar ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 79 OF 2026
IN
WRIT PETITION NO. 6767 OF 2018
Gajanan Vishvambharrao Patil ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
WRIT PETITION NO. 3914 OF 2016
Sinhgad Technical Education Society ...Petitioner
Versus
Pune Municipal Corporation And Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 17381 OF 2023
IN
WRIT PETITION NO. 3914 OF 2016
Sinhgad Technical Education Society And Anr. ...Applicants
Versus
Pune Municipal Corporation And Ors. ...Respondents
WITH
WRIT PETITION NO. 3913 OF 2016
Sinhgad Technical Education Society ...Petitioner
Versus
Pune Municipal Corporation And Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 17739 OF 2023
IN
WRIT PETITION NO. 3913 OF 2016
Sinhgad Technical Education Society ...Petitioner
Versus
Pune Municipal Corporation And Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 17380 OF 2023
IN
WRIT PETITION NO. 3913 OF 2016
Sinhgad Technical Education Society And Anr. ...Petitioners
Versus
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Pune Municipal Corporation And Ors. ...Respondents
WITH
CONTEMPT PETITION NO. 105 OF 2026
IN
WRIT PETITION NO. 14889 OF 2023
Mahesh Shashikant Deshpande ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 107 OF 2026
IN
WRIT PETITION (ST) NO. 215 OF 2021
Rahul Chandrakant Salunkhe ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 103 OF 2026
IN
WRIT PETITION NO. 6081 OF 2021
Sandesh Shantaram Gaonkar ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 106 OF 2026
IN
WRIT PETITION (ST) NO. 209 OF 2021
Pankaj Subhash Desle ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 108 OF 2026
IN
WRIT PETITION (ST) NO. 6104 OF 2022
Prashant Bhavarlal Chordiya ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
WRIT PETITION NO. 1738 OF 2016
Sinhgad Technical Education Society ...Petitioner
Versus
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Pune Municipal Corporation And Ors. ...Respondents
WITH
CIVIL APPLICATION NO. 803 OF 2016
IN
WRIT PETITION NO. 1738 OF 2016
Pune Municipal Corporation Thr. The Commissioner ...Petitioner
Versus
Sinhgad Technical Education Soc. Through President
Prof. M. N. Navale ...Respondents
WITH
INTERIM APPLICATION NO. 18229 OF 2023
IN
WRIT PETITION NO. 1738 OF 2016
Sinhgad Technical Education Soc Thr.
Its Duly Authorized Signatory ...Petitioner
Versus
The Pune Municipal Corporation Thr.
Its Commissioner And Ors. ...Respondents
WITH
CONTEMPT PETITION NO. 104 OF 2026
IN
WRIT PETITION NO. 14887 OF 2023
Suchitra Shailesh Sasane ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
WRIT PETITION NO. 2886 OF 2026
Adwait Madhav Godse ...Petitioner
Versus
The State Of Maharashtra Thr. The Sec.
Dept Of Medical Education And Drugs Dept & Ors. ...Respondents
WITH
CONTEMPT PETITION NO. 113 OF 2026
Yadurao Ananda Kakade ...Petitioner
Versus
Vinod M Mohitkar ...Respondents
WITH
CONTEMPT PETITION NO. 135 OF 2026
Aaishwaryadevi B Deshmukh ...Petitioner
Versus
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Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 136 OF 2026
Aarti Amod Agarkar ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 142 OF 2026
IN
WRIT PETITION (ST) NO. 6144 OF 2022
Abhijeet V Jadhav ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 134 OF 2026
IN
WRIT PETITION NO. 4410 OF 2024
Mayura Vishal Shelke ...Petitioner
Versus
Maruti Nivrutti Navale ...Respondents
WITH
CONTEMPT PETITION NO. 157 OF 2026
IN
WRIT PETITION NO. 7428 OF 2024
Dr. Pankaj Birajlal Miniyar ...Petitioner
Versus
Maruti Nivrutti Navale Thr Its President Sinhgad
Technical Education Society ...Respondents
WITH
WRIT PETITION NO. 4447 OF 2019
Sinhgad Technical Education Soc. Thru Auth.
President Mr. M. N. Navale ...Petitioner
Versus
Pune Municipal Corp. Thru The Commissioner & Ors. ...Respondents
WITH
CONTEMPT PETITION (ST) NO. 6664 OF 2026
Suman Sachin Jain ...Petitioner
Versus
Maruti Nivrutti Navle ...Respondents
WITH
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WRIT PETITION NO. 4731 OF 2026
Sharad S/o Santosh Patil ...Petitioner
Versus
The State Of Maharashtra Thr Its Secretary Higher And
Technical And Ors ...Respondents
WITH
WRIT PETITION NO. 3009 OF 2012
Sinhagad Technical Education Society ...Petitioner
Versus
Pune Municipal Corporation Through
The Commissioner Corporation Bhavan, And Ors. ...Respondents
WITH
CIVIL APPLICATION NO. 803 OF 2016
IN
WRIT PETITION NO. 1738 OF 2016
Pune Municipal Corporation Thr. The Commissioner ...Petitioner
Versus
Sinhgad Technical Education Soc. Through
President Prof. M.N. Navale ...Respondents
WITH
WRIT PETITION NO. 4786 OF 2026
Shrikant Shrimant Barkade ...Petitioner
Versus
The State Of Maharashtra Thro. Principal Secretary ...Respondents
WITH
WRIT PETITION NO. 4917 OF 2026
Anita Manoj Patki ...Petitioner
Versus
The State Of Maharashtra Throu. Principal Secretary,
Ministry Of Higher And Technical Education & Ors. ...Respondents
WITH
WRIT PETITION NO. 3983 OF 2019
Sinhgad Technical Education Society Thr.
Mr. M. N. Navale And Ors. ...Petitioners
Versus
State Of Maharashtra Thru. GP & Ors. ...Respondents
WITH
CONTEMPT PETITION NO. 225 OF 2026
Mayur Vishwas Chavan ...Petitioner
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Versus
Maruti Nivrutti Navale
The Sinhagad Technical Education Society Through
Its President ...Respondents
WITH
WRIT PETITION NO. 5049 OF 2026
Sunita S Shintre And Ors. ...Petitioners
Versus
The President/Secretary
Sinhgad Tenchinal Education & Ors ...Respondents
WITH
WRIT PETITION NO. 8439 OF 2026
Deepali Tanaji Chikane ...Petitioner
Versus
The State Of Maharashtra Thru Secretary & Ors. ...Respondents
WITH
WRIT PETITION NO. 8437 OF 2026
Popat Tippana Patil ...Petitioner
Versus
The State Of Maharashtra Thr. The Secretary
Higher And Technical Education & Ors. ...Respondents
WITH
WRIT PETITION NO. 8438 OF 2026
Rajkumar Shivaji Jadhav ...Petitioner
Versus
The State Of Maharashtra Thru Secretary & Ors. ...Respondents
WITH
WRIT PETITION NO. 8474 OF 2025
Singhad Technica Education Society ...Petitioner
Versus
The City Engineer, Pune Municipal Corporation ...Respondents
WITH
WRIT PETITION NO. 8435 OF 2026
Raghvendra Prakash Gade ...Petitioner
Versus
The State Of Maharashtra Thr. The Secretary
Higher And Technical Education & Ors. ...Respondents
WITH
WRIT PETITION NO. 8433 OF 2026
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Vijay Balasaheb Dhole ...Petitioner
Versus
The State Of Maharashtra Thr The Secretary & Ors. ...Respondents
WITH
WRIT PETITION NO. 8431 OF 2026
Jyoti Rajendra Deshmukh Alias Jyoti Nilesh Irabattin ...Petitioner
Versus
The State Of Maharashtra Thro. The Secretary ...Respondents
WITH
WRIT PETITION NO. 6407 OF 2026
Hitesh Kishor Muzumdar …Petitioners
Versus
The State Of Maharashtra Thro. The Secretary
Higher And Technical Education ...Respondents
WITH
WRIT PETITION NO. 6941 OF 2026
Chetna Abhishek Joel ...Petitioner
Versus
The State Of Maha. Thr. Principal Secretary
Ministry Of Higher And Technical Education & Anr. ...Respondents
WITH
WRIT PETITION NO. 8534 OF 2026
Maruti Govind Tupe ...Petitioner
Versus
The State Of Maharashtra ...Respondents
WITH
WRIT PETITION NO. 7082 OF 2026
Sachin Rajaram Kulkarni ...Petitioner
Versus
The State Of Maharashtra Thr.
Principal Secretary & Ors ...Respondents
WITH
WRIT PETITION NO. 6435 OF 2019
Sinhgad Technical Education Society Thr.
President And Trustee Mr. M. N. Navale & Ors. ...Petitioners
Versus
State Of Maharashtra Thr. GP High Court & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 2038 OF 2025
IN
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WRIT PETITION NO. 6435 OF 2019
Sujata Sandip Agarwal & Ors. ...Petitioners
Versus
Sinhgad Technical Education Society & Ors. ...Respondents
WITH
WRIT PETITION NO. 8669 OF 2026
Shalini Rangnath Pradhan And Ors. ...Petitioners
Versus
Sinhgad Technical Education Society
Thr. Secretary & Ors. ...Respondents
WITH
WRIT PETITION NO. 8664 OF 2026
Mohan Bhimrao Yelpale ...Petitioner
Versus
The State Of Maharashtra Thr. The Secretary Higher
And Technical Education And Employee Dep. & Ors ...Respondents
WITH
WRIT PETITION NO. 8685 OF 2026
Reshma Sachin Shinde And Ors. ...Petitioners
Versus
Sinhgad Technical Education Society And Anr. ...Respondents
WITH
WRIT PETITION NO. 10702 OF 2022
Mr. Anant Ragunath More And Ors. ...Petitioners
Versus
State Of Maharashtra And Ors. ...Respondents
WITH
WRIT PETITION NO. 14440 OF 2025
Anjali Milind Pendse ...Petitioner
Versus
Sinhagad Technical Educaion Society And Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 17381 OF 2023
IN
WRIT PETITION NO. 3914 OF 2016
Sinhgad Technical Education Society And Anr. ...Petitioners
Versus
Pune Municipal Corporation And Ors. ...Respondents
WITH
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INTERIM APPLICATION NO. 17380 OF 2023
IN
WRIT PETITION NO. 3913 OF 2016
Sinhgad Technical Education Society And Anr. ...Petitioners
Versus
Pune Municipal Corporation And Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 18229 OF 2023
IN
WRIT PETITION NO. 1738 OF 2016
Sinhgad Technical Education Soc Thr.
Its Duly Authorized Signatory ...Petitioner
Versus
The Pune Municipal Corporation Thr.
Its Commissioner And Ors. ...Respondents
WITH
CONTEMPT PETITION NO. 13 OF 2026
IN
WRIT PETITION NO. 6767 OF 2018
Ms. Kavita Tryambakrao Rangari ...Petitioner
Versus
Rajendra Ubale (the Joint Director Of Higher Education) ...Respondents
AND
CONTEMPT PETITION NO. 226 OF 2026
Reena Partha Nath ...Petitioner
Versus
Maruti Nivrutti Navale Thr. Its President
Sinhgad Technical Education Society ...Respondents
AND
WRIT PETITION NO. 2019 OF 2026
Rashmi Vishal Patil Alias Rashmi Kishor Patil ...Petitioner
Versus
The State Of Maharashtra Thr The Secretary
Higher And Technical Education And Ors. ...Respondents
AND
WRIT PETITION NO. 6252 OF 2026
Punam W/o Sunil Raskar ...Petitioner
Versus
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The State Of Maharashtra Thr. Its Secretary
Higher And Tech. Education And Ors. ...Respondents
AND
WRIT PETITION NO. 6734 OF 2026
Sunil S/o Shivaji Raskar ...Petitioner
Versus
The State Of Maharashtra Thr. Its Secretary
Higher And Tech. Education And Ors. ...Respondents
AND
WRIT PETITION NO. 9150 OF 2026
Yogesh Laxman Nimbalkar And Ors. ...Petitioners
Versus
The President / Secretary, Sinhgad
Technical Education Society And Ors. ...Respondents
AND
WRIT PETITION (ST) NO. 12153 OF 2026
Dr. Aniruddha S. Kulkarni And Ors ...Petitioners
Versus
The State Of Maharashtra Thru Secretary And Ors. ...Respondents
_________
Mr. Vaibhav Ugle a/w Mr. Vikas Somawanshi, Mr. Prashant Mahajan for
Petitioner in WP/6521/2025, WP/4786/2026, WP/4917/2026, WP/6941/2026.
Mr. Vaibhav Kulkarni a/w Prathmesh K. Deshpande for Petitioner in
WP/10485/2025, WP/14440/2025, CP/225/2026, WP/5049/2026,
WP/8669/2026, WP/8685/2026, CP/226/2026, 9150/2026.
Mr. Suresh Pakale, Sr. Adv. a/w Mr. Saurabh Pakale, Mr. Nilesh Desai i/b Padmaja
Malgaonkar for Petitoner in CP/76/2026, CP/349/2026, CP/77/2026,
CP/78/2026, CP/79/2026, CP/13/2026, CP/103/2026, CP/104/2026,
CP/105/2026, CP/106/2026, CP/107/2026, CP/108/2026, CP/134/2026,
CP/135/2026, CP/136/2026, CP/142/2026, CP(ST)/6664/2026,
WP/2019/2026 and WP(ST)/12153/2026.
Mr. Pranav Bhoite for Petitioner in WP/6407/2026, WP/8431/2026,
WP/8433/2026, WP/8435/2026, WP/8437/2026, WP/8438/2026,
WP/8439/2026, WP/8534/2026, WP/8664/2026.
Mr. Maheshkumar S. Sonawane for Petitioner in WP/4731/2026.
Mr. Amar Chavan for Petitioner in WP/10702/2022 and 7926/2023.
Mr. Nandkumar Jiwade for Petitioner in WP/6252/2026 and 6734/2026.
Mr. V. P. Sawant, Sr. Adv. a/w Mr. Nitin Dhumal for Respondent STES and Mr.
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M. N. Navale for in Contempt Petitions in all matters.
Ms. Anjali Helekar a/w Ms. Anu C. Kaladharan for R. No. 3 AICTE in
WP/6407/2026, WP/8431/2026, WP/8433/2026, WP/8435/2026,
WP/8437/2026, WP/8438/2026, WP/8439/2026, WP/8534/2026,
WP/8664/2026.
Mrs. Neha Bhide, GP a/w K. B. Dighe, Addl. GP and Aditya Deolekar, AGP for
State in WP No.6521 of 2025.
Mrs. Neha Bhide, GP a/w O. A. Chandurkar, Addl. GP and Aditya Deolekar,
AGP for State in CP No.76 of 2026.
Mrs. Neha Bhide, GP a/w K. B. Dighe, Addl. GP and S. P. Kamble, AGP for State
in CP No.77 of 2026.
Mrs. Neha Bhide, GP a/w P. P. Kakade, Addl. GP and Pooja Joshi Deshpande,
AGP for State in CP No.78 of 2026.
Mrs. Neha Bhide, GP a/w P. P. Kakade, Addl. GP and V G. Badgujar, AGP for
State in WP No. 6252 of 2026.
Mrs. Neha Bhide, GP a/w O. A. Chandurkar, Addl. GP and P. N. Diwan, AGP
for State in WP No. 6734 of 2026.
Mrs. Neha Bhide, GP a/w O. A. Chandurkar, Addl. GP and P. B. Chavan, AGP
for State in WP No. 9150 of 2026.
Mrs. Neha Bhide, GP a/w O. A. Chandurkar, Addl. GP and D. S. Deshmukh,
AGP for State in WP (St.) No. 12153 of 2026.
__________
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 27 JULY 2026
P.C.
1. These are batch of petitions filed by the employees of the respondent -
Sinhgad Technical Education Society (for short the “STES”). Also contempt
petitions are filed by the employees alleging intentional disobedience of the orders
passed by this Court by the STES.
2. In pursuance of an order dated 13 July 2026 passed by this Bench, the
proceedings were placed before the Hon'ble the Acting Chief Justice for clubbing
and assignment of the matters pertaining to the STES before one Bench. We are
informed that the Hon’ble the Acting Chief Justice has assigned all these matters
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to be heard by this Bench.
3. We have heard learned counsel for the parties for quite some time. There
are large number of proceedings, namely the petitions filed by the employees.
There are also proceedings which are filed by the institution against the State
Government also there are number of contempt petitions filed by the employees.
We however wish to give priority to the petitions which are filed by the employees
whose grievances are in regard to non payment of the salaries for a very long
period. The issues in such category of cases directly affect their livelihood. These
are employees who are teaching and non-teaching employees.
4. In our order dated 13 July 2026, we had also made a brief reference to the
litigation as resorted by the institution against the State Government in regard to
the release of outstanding amounts towards the tuition fees of students belonging
to the reserved categories, whose fees are reimbursed by the State Government.
The STES is stated to have raised demand for such amounts in respect of the
students who were admitted by its educational institutions and is asserting the
reimbursement of amounts due and entitled to the institution in that regard. We
are informed that the pattern is that either such amounts are credited to the
account of the students who have paid the fees to the institution, or sometimes it
is the institution which is directly paid by the State Government.
5. As urged at the Bar, in fact, all such issues were gone into by a co-ordinate
Bench of this Court in the proceedings of Writ Petition No. 6765 of 2018 (Suman
Sachin Jain and Ors. Vs. The State of Maharashtra and Ors.) and other connected
matters, on which an order dated 17 July 2025 came to be passed. By such order,
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this Court appointed the Joint Director of Education to delve on all such issues
and take an appropriate position insofar as the payment of such outstanding
amounts are concerned. From what has been informed to us, it appears that there
were serious issues due to non-cooperation of the STES before the Joint Director.
This is however disputed by Mr. Sawant, learned senior advocate appearing for
the STES. We however, find that such non-cooperation was the subject matter of
consideration in the subsequent orders passed by the coordinate Bench of this
Court. Later in the present proceedings, we shall delve on all such issues so as to
ascertain the actual scenario, but only after the Joint Director of Education who
has been assigned the task and who is seized with the proceedings, places on
record an affidavit setting out all details as to what had happened from 17 July
2025 till date on compliance with the Court’s orders and the Court being
explained why the issues could not be resolved despite one year having already
passed, as expected in the said orders passed by this Court. We shall also examine
the compliances of the orders passed by this Court, and more particularly, the
order dated 18 March 2025, passed by a coordinate Bench of this Court and as
modified.
6. Today Mr. Sawant has placed before us a list of 19 Writ Petitions and the
companion contempt petitions which were filed in these matters to state that
these petitions pertain to 772 employees who are no more in service i.e., either
they have resigned or they have been terminated. According to the petitioner, 110
of them were terminated. It is stated that an amount of approximately 21 crores is
due and payable to these employees / petitioners. Mr. Sawant, on instructions
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states that STES would disburse such amounts to the said petitioners by 31
August 2026. The statement of Mr. Sawant is accepted. Mr. Pakale, learned
senior counsel for the petitioner, however submits that although such amounts are
payable, such amounts need to be accepted to have crystallized during the month
of February 2026.
7. We find that there are contempt petitions pending on which show cause
notices have been issued against the STES and its founders. As the Court is seized
with the contempt proceedings, the statements on instructions as made by Mr.
Sawant need to be placed on record by way of an undertaking on affidavit to be
filed by the contemnor that such amounts would be paid to the 772 petitioners by
31 August 2026. Such affidavit be filed before the adjourned date of hearing and
served on all the parties.
8. Insofar as the other petitioners who are presently in the employment of the
STES and who have not been paid salary for more than 22 months, we shall
consider the rival contentions on the adjourned date, after the affidavit of the
Joint Director of Education is placed on record, which be filed on or before
Monday (3 August 2026) as we propose to list these matters on 5 August 2026.
Let the affidavit be served on all the parties not later than 3 August 2026. There
shall not be any further extension for the Joint Director of Education to file such
an affidavit. In this regard, we also sound a note of caution that the affidavit has to
be a proper affidavit and which ought not to have any lacunae for any reason
whatsoever, so that any shortcomings in the affidavit are not required to be
attributed to concealing of any materials from the Court. Similarly, we permit the
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petitioners to place on record an up-to-date, compilation of all the orders which
the petitioners intend to rely on and any other materials in support of the
respective contentions. A statement of the amounts due and payable to each of the
petitioners be prepared in a separate sheet, incorporating the date from which the
amounts had become due and payable and of any amounts which the committee
appointed by this Court of Hon'ble Mr. Justice Rajesh Ketkar (Retired) has
considered to be due and payable by the STES to the petitioners/employees.
9. Let all the relevant information in regard to the petitioners who as on date
are in the service of the STES be furnished to the advocate appearing for the
institution, so as to apprise the Court of the appropriate amounts payable to the
petitioners. We would also want the advocate for the petitioners to prepare a
consolidated statement of such amounts that are due and payable, which would
correspond to the individual calculations for each petitioner.
10. We shall proceed to hear these proceedings on a day-to-day basis after the
adjourned date and make an endeavour to put a quietus to this whole issue. We
cannot countenance that employees who are supposed to be in educational
institutions are required to spend their time in Court struggling to receive their
salaries, the basic source of their livelihood/survival.
11. The parties are put to notice that not only the petitions which are filed by
the employees for receipt of salary shall be taken up, but also the contempt
proceedings. If the Court is satisfied that the payment of salary to the teaching
and non-teaching staff, who are before the Court, is in any manner connected
with and/or related to the receipt of the amounts from the State Government then
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in such event the petitions filed by STES would also be required to be considered.
If, after hearing the first set of petitions filed by the employees, we are of the
opinion that the conduct of the proceedings filed by the institution and the
proceedings relating to payment of salaries have no nexus whatsoever with the
amounts which were to be received by the STES from the State Government, then
an independent view would be required to be taken in the petitions filed by the
teaching and non-teaching staff/petitioners, as also in the contempt petitions,
while postponing the hearing of the petition filed by the institution against the
State Government.
12. In this view of the matter, we direct that the contemnor shall remain
present before the Court on the adjourned date of hearing, as he has already
responded to the show cause notice issued under the Contempt of Courts Act,
1971 read with Article 215 of the Constitution of India.
13. Before parting, we find that the issues raised herein are quite serious, as
they directly touch the livelihood of a large number of employees who are
working with the institution. We also deeply regret to note the petitioners’
submission that many employees including Class IV employees have committed
suicide merely because they were not paid salaries by the STES, and in respect of
which Criminal proceedings are stated to be pending.
14. It is on such backdrop, we may observe that the present proceedings
cannot be considered to be any ordinary proceedings, as the issues involved, affect
the livelihood of the employees of the institution. We believe that no institution
can function in a manner which is prejudicial to the interest of its employees
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and/or exploitative of the employees by not paying salaries. Fortunately, in the
State of Maharashtra, although there are a large number of institutions, in our
judicial journey, we are yet to come across any institution where employees have
been perpetually subjected to hardship in regard to the non payment of their
salaries. The non-payment of salaries is something which directly breaches the
very basic fundamental rights guaranteed to the petitioners under Article 14 and
21 of the Constitution read with Article 19(1)(g) of the Constitution. No person
or institution having regard to the rule of law, can so brazenly violate the rights of
the employees in such a manner. This cannot be expected from any educational
institution which is managing its affairs as per law. We shall delve on all such
issues when we intend to pass final orders in the present proceedings bearing in
mind the settled principles of law as laid down in the decisions of the Supreme
Court.
15. With the aforesaid observations, stand over to 5 August 2026 at 3.00 p.m.
To be listed along with Interim Application (St.) No.19373 of 2026 in WP
No.10378 of 2022, WP No.20628 of 2026, WP No.20594 of 2026 and WP
No.20518 of 2026.
16. Parties to act on an authenticated copy of the order.
17. The Joint Director shall also remain present in the Court.
18. All other matters which are required to be listed as assigned to this Bench
be accordingly listed. The numbers of such matters be provided by the learned
advocates, so that all these petitions can be listed on the adjourned date of
hearing.
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19. Insofar as Writ Petition No.4731 of 2026 is concerned, we direct the
petitioner to approach the management within a period of two days from today.
The institution shall thereafter take an appropriate decision to release part of the
salary to the petitioner, as petitioner is in a precarious financial condition.
(AARTI SATHE, J.) (G. S. KULKARNI, J.)
Signed by: Kiran Kawre Page 19 of 19
Designation: PA To Honourable Judge 27 July 2026
Date: 28/07/2026 21:35:41 Kiran Kawre
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