Created by Fuzzy Cloud

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
                                                                                         1 of 4
           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.


                                                                     2 of 4
                                                     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.




                                                                      3 of 4
                                                     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.]




                                                                      4 of 4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.