Bombay High Court
KANTILAL S/O JAIRAM MORE AND ORSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY SCHOOL EDUCATION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the authorities must examine the missing date issue, verify the Shalarth ID allocation, and release the petitioners' salaries if the documentation is found to be in order.
Summary
The petitioners, belonging to the Schedule Tribes and employed as Assistant Teachers in schools run by the management of the institution, sought release of their salaries after a proposal for their appointment was approved by the Education Officer (primary) on 24 December 2018, albeit with the proposal date left blank. The Education Officer forwarded the proposal to the Deputy Director (Education), Nashik, for allocation of a Shalarth ID, which was eventually granted, but the salaries remained unpaid. The petitioners argued that the missing date rendered the approval defective, while the respondents contended that the procedural steps had been complied with. The Court, noting a similar precedent (Nilambari Dhananjay Buchude v. Divisional Commissioner), directed the Education Officer to scrutinize the proposal for the missing date and submit a report, and the Deputy Director to verify the Shalarth ID allocation and release salaries with arrears if the documents are in order. The Court also warned that any fraud discovered would attract appropriate remedial orders.
Issues considered
- Whether the absence of a date on the appointment proposal invalidates the approval granted by the Education Officer.
- Whether the petitioners are entitled to release of their salaries and arrears despite the procedural irregularity.
- Whether the authorities complied with the statutory procedure for allocation of Shalarth IDs and salary disbursement.
Subjects
- Schedule Tribes
- Assistant Teacher
- Salary Release
- Shalarth ID
- Procedural Lapse
- Education Department
- Writ Petition
- Administrative Law
Judgment
918.as.wp.6206.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by CIVIL APPELLATE JURISDICTION
VINA
VINA ARVIND
ARVIND KHADPE CIVIL WRIT PETITION NO.6206 OF 2024
KHADPE Date:
2026.01.14
10:59:16
+0530
Kantilal s/o Jairam More and ors. ….Petitioners
Versus
The State of Maharashtra & ors. ….Respondents
----
Mr. Sanjeev B. Deore a/w Mr. Arman Ansari i/b. Ms. Suchita J.
Pawar for the Petitioners.
Ms. Ashwin K. Kapadnis for Respondent Nos.4 and 5 (ZP Nashik).
Mr. P. P. Kakade, Addl. GP a/w Ms. Priyanka Chavan, AGP for the
Respondent – State.
----
CORAM : RAVINDRA V. GHUGE &
ABHAY J. MANTRI, JJ.
DATE : 08th JANUARY, 2026
P.C. :-
1. We have considered the strenuous submissions of the
learned Advocate for the Petitioners, the learned Advocate for
Respondent Nos.4 and 5, and the learned AGP on behalf of the
State.
2. Respondent No.6 Management of the Institution,
though served, has not caused an appearance.
3. What we find from the record is that these Petitioners
are belonging to the Schedule Tribes category and have been
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working as Assistant Teachers in their respective schools operated
by Respondent No.6, from various dates between July, 2014 to July,
2016. A proposal for seeking approval is said to have been accepted
by the Education Officer (primary) vide order dated 24th December,
2018, which is before us. However, the date of the proposal is blank.
4. The Petitioners submit that they do not have a copy of
the said proposal. Be that as it may, approval was granted by the
Education Officer (primary) on 24th December, 2018. The said
proposal along with the approval order, was purportedly forwarded
by the Education Officer (primary) vide communication dated 24 th
December 2018, to the Deputy Director (Education), Nashik, for
allotment of Shalarth ID. Even in this communication, item no.2, is
the reference letter pertaining to the proposal of the Petitioners for
approval. At this place as well, the date of the proposal is blank.
The outward number of the said communication dated 24 th
December, 2018 is “ पाना / ण/ ाथ- ८ / ालाथ समा / १८८९”.
5. The Deputy Director (Education) conveyed to the
Education Officer (primary) by its communication dated 9th
December 2021, that the Shalarth ID to the Petitioners was being
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granted. In the reference documents, the proposal is referred to, but
the date is blank. It is in this backdrop that Respondent No.5
informed the Deputy Director (Education) vide communication
dated 27th April, 2023, that the proposal, entertained by the Deputy
Director (Education), does not find any reference to the said
proposal being routed through the Education Officer (primary).
Hence, though the Shalarth ID is allocated to the Petitioners, the
salaries have not been released.
6. In similar circumstance pertaining to the same
Institution, in the case of Nilambari Dhananjay Buchude Vs.
Divisional Commissioner and ors., Writ Petition No.11615 of 2024,
this Court ordered on 21st March 2025, that the Education officer
shall scrutinize the proposal by way of a formality and forward the
same to the Deputy Director (Education) for a decision on releasing
the salaries of the Petitioners within six weeks.
5. In view of the above, this Writ Petition is disposed off
with the following directions :-
(a) The Education Officer shall scrutinize the file
containing the proposal by the management for
seeking approval to the appointments of the
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Petitioners, only to assess as to whether the said
proposal has any date, and as to why the date is
missing whenever such proposal is adverted to
by the State Education Officer (primary) / the
Deputy Director (Education). A report would
be tendered within three weeks from today to
the Deputy Director (Education), Nashik, by the
Education Officer (primary), Zilla Parishad,
Nashik.
(b) The Deputy Director Education shall verify
from the documents and the records, and assess
whether the Shalarth ID was appropriately
allocated to these Petitioners. This exercise be
completed within six weeks after receiving the
report of the Education Officer (primary).
(c) If all documents and orders of approval and
grant of Shalarth ID, are found to be in order,
the salaries of these Petitioners, inclusive of
arrears, would be released within 30 days from
such date of decision by the Deputy Director
(Education).
(d) If it is noticed that any fraud has been played,
appropriate orders would be passed, and such
orders be communicated to the Management. If
the Management or the Petitioners are
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aggrieved by the decision, they shall be at
liberty to challenge the same, by availing of a
remedy as may be permissible in law.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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