Bombay High Court
SACHIN RAMU RATHODversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- Allowed
Holding
The High Court held that the State must release the petitioners' salary arrears within twelve weeks and continue regular salary payments, as the petitioners are entitled to salary pending TET clearance per the Supreme Court direction.
Summary
The petitioners, assistant teachers who have not yet cleared the Teacher Eligibility Test (TET), filed writ petitions seeking payment of salary arrears withheld by the State of Maharashtra since May‑June 2025. They relied on a Supreme Court decision in Anjuman Ishaat‑E‑Taleem Trust v. State of Maharashtra (Civil Appeal No.1385 of 2025) which permits them to sit for the TET within two years from 1 September 2025 and retain their service benefits. The High Court noted that the State’s refusal to pay salary was unjustified in view of the Supreme Court order and a prior judgment of this Court (Writ Petition No.11978 of 2025). Accordingly, the Court directed the State to release the salary arrears within twelve weeks and to continue regular salary payments. The petitioners were asked to file the usual undertaking, and the writ petitions were disposed of without any order as to costs.
Issues considered
- Whether the State of Maharashtra can withhold salary of assistant teachers pending clearance of the TET examination.
- Whether the Supreme Court order in Anjuman Ishaat‑E‑Taleem Trust v. State of Maharashtra obliges the State to continue paying salary and arrears to the petitioners.
- Whether the High Court should direct the release of salary arrears and continuation of regular salary.
Subjects
- salary arrears
- TET examination
- assistant teachers
- service entitlement
- writ petition
- Supreme Court direction
Judgment
906-WP-185-2026.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.185 OF 2026
Sachin Ramu Rathod ] Petitioner
versus
The State of Maharashtra and others ] Respondents
a/w
WRIT PETITION NO.186 OF 2026
Avinash Nilkanth Jadhav ] Petitioner
versus
The State of Maharashtra and others ] Respondents
…..
Mr. Nagesh Chavan a/w Ms. Ankita Chindage a/w Mr. Abhang
Suryawanshi, for Petitioners.
Mr. V.M. Mali, A.G.P, for Respondent – State in Writ Petition No.185 of
2026.
Mr. Siddheshwar B. Kalel, A.G.P, for Respondent – State.
…..
CORAM : R.G. AVACHAT AND
AJIT B. KADETHANKAR, JJ.
DATE : 28th JANUARY, 2026.
SHAILAJA Digitally signed by SHAILAJA
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SHRIKANT HALKUDE
SHRIKANT Date: 2026.01.29 17:56:14
HALKUDE +0530
906-WP-185-2026.doc
P.C:
1. Heard Mr. Chavan, learned Counsel for the petitioners and the
learned Additional Government Pleaders, for Respondents – State.
2. Mr. Chavan, learned Counsel for the petitioners submits that the
petitioners are the Assistant Teachers, who have not cleared TET
examination but they are covered by the liberty granted by the Hon’ble
Supreme Court in case of Anjuman Ishaat-E-Taleem Trust Vs. The State
of Maharashtra and others in Civil Appeal No.1385 of 2025 alongwith
connected Civil Appeals.
3. Mr. Chavan, learned Counsel further submits that, in any case, the
petitioners are permitted to clear the TET examination within two years
from 1st September, 2025. Mr. Chavan would submit that although the
services of the petitioners are protected, the respondents have not released
their salary from May, 2025. Mr. Chavan, learned Counsel relied upon
the order dated 6th November, 2025 passed by this Court in Writ Petition
No.11978 of 2025 and connected petitions, wherein this Court has
observed thus;
“3. Thus prima facie we find that in terms of the order of
the Hon’ble Supreme Court, the Petitioners will have to
pass the TET Examination within a period of two years
from 1st September, 2025.
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906-WP-185-2026.doc
4. The action on the part of the Respondents in
depriving the Petitioners the salary since June 2025
appears to be unjustified in view of the order passed by the
Hon’ble Supreme Court. It is expected that necessary
corrective steps shall be taken by the Respondents in
ensuring that the salary and the arrears are paid by the next
date.
5. We expect that by the next date the necessary
directions are issued for releasing the salary of the
Petitioners.
6. List these Petitions on 18 th November 2025, under
the caption “For Directions” to enable the learned A.G.P to
make a submission that within what time the arrears will
be paid.
7. It is open for the learned A.G.P to place on record the
reasons for depriving the Petitions in getting benefits of
the salary, though it is the specific contention of the
Petitioners that they are continuing to work and
discharging their duties in the respective schools. It such
is the situation, the reasons thereof may be placed on
record by way of an Affidavit by the next date”.
4. In view of this, we deem it appropriate to dispose of these Writ
Petitions with directions to Respondent Nos.1 to 4 to release the salary
arrears payable to the petitioners within a period of twelve weeks from
today and shall keep paying the regular salary.
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906-WP-185-2026.doc
5. Mr. Chavan, learned Counsel for the petitioners assures to file
usual undertaking of the respective petitioners in this Court.
6. The writ petitions are disposed of. No order as to costs.
[AJIT B. KADETHANKAR, J.] [ R.G. AVACHAT J.]
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