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Bombay High Court

TEJASHREE RAMESHCHANDRA AUTEversusTHE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY FOR EDUCATION AND ORS

Decided
Disposal
Disposed Off

Holding

The Court accepted the respondent's affidavit as an undertaking and ordered compliance with the specified timelines, thereby disposing of the petition without further adjudication.

Summary

The petitioner, a school teacher, filed a writ petition under Article 226 seeking mandatory directions for her absorption, payment of salary arrears from 4 January 2024, and adjustment of her salary as per the 7th Pay Commission. The High Court had earlier ordered that she be absorbed by New English School, Adgaon, Nashik, and subsequently directed the respondent to ensure payment of regular salary within one month and supplementary arrears within three to seven months, based on an affidavit filed by the Education Officer. The respondent explained the multi‑layered online process (Shalarth System) for processing regular and arrear salary bills and undertook to adhere to the timelines. The Court accepted this affidavit as a binding undertaking, found no further ground for adjudication, and disposed of the petition, ordering compliance with the stipulated timelines. No costs were awarded.

Issues considered

  • Whether the court can compel the State to release the petitioner's salary arrears dating from 04‑01‑2024.
  • Whether the court can direct payment of salary differential as per the 7th Pay Commission.
  • Whether the court can order immediate absorption of the petitioner in the designated school.
  • Whether the delay in processing salary bills violates the petitioner's rights under Article 14 and Article 21.
  • Whether further adjudication is necessary after the respondent's undertaking.

Subjects

  • Article 226
  • Writ of Mandamus
  • Salary arrears
  • 7th Pay Commission
  • Shalarth System
  • Government employee absorption
  • Procedural delay
  • High Court

Judgment

                                                                           907- WP-6218-2025.DOC



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO. 6218 OF 2025


Tejashree Rameshchandra Aute                                    ...Petitioner
       Versus
The State of Maharashtra
Thr Principal Secretary for
Education & Ors.                                                ...Respondents
                                           _______


Mr Avinash Fatangare, with Archana Shelar & Vishakha Pandit, for Petitioner.
Mr Aditya R Deolekar, AGP for State-Respondent Nos.1 to 5.
Mr Prashant P Digraskar, Education Officer (Secondary), Zilla Parishad, Nashik,
present.
                                           ______

                                        CORAM:         G. S. KULKARNI &
                                                       DR. NEELA GOKHALE, JJ.

                                        DATE:          27 AUGUST 2026

P.C.

1.        This Petition under Article 226 of the Constitution of India is filed, praying

for the following substantive reliefs:


               “a. That this Hon'ble Court be pleased to issue a writ, order or
               direction or a writ of Mandamus thereby directing the Respondent
               no.4 to absorb the services of the Petitioner.

               b. That this Hon'ble Court be pleased to issue a writ, order or
               direction or a writ of Mandamus thereby directing the Respondent
               no.4 to release the salary of the Petitioner from 04.01.2024.

               c. That this Hon'ble Court be pleased to issue writ, order or direction
               or a writ of Mandamus thereby directing the Respondent no.4 to fix


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               the salary of the Petitioner as per the 7 th pay commission and pay the
               differential amount to the Petitioner.

               d. Pending the hearing and final disposal of this petition the
               Respondent No.1 to 4 be directed to pay the salary of the Petitioner
               regularly.”



2.        On the last occasion (20th August 2026), we have passed an order recording

that the Petitioner be permitted to join the New English School, Adgaon, Nashik.

The said order is required to be noted and reads thus:-

               “1       In pursuance of our order dated 18th August 2026, the
               Education Officer (Secondary), who was not issuing instructions to
               the AGP, is present in the Court today. He has addressed a
               communication dated 19th August 2026 to the learned AGP, inter
               alia, stating that in pursuance of the order dated 18 th August 2026,
               the Petitioner is now required to join New English School, Adgaon,
               Nashik, where she is absorbed. He has accordingly permitted the
               Petitioner to join the said School. Accordingly, the New English
               School, Atgaon, Nashik is directed to accept the report of the
               Petitioner and permit her to join her duties.
               2        Mr. Fatangare, learned counsel for the Petitioner, submitted
               that the Petitioner would immediately report to New English School,
               Adgaon, Nashik and join her duties today.
               3        Let appropriate compliance be reported on the adjourned
               date of hearing.
               4                  List the proceedings on 25th August 2026 under the
               caption ‘for directions’.
               5                  Parties to act on an authenticated copy of this order.”




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3.        In pursuance of what has been observed in the aforesaid order, the

Petitioner has already been absorbed. Thereafter, the proceedings were listed before

us on 25th August 2026 when we passed the following order:-

               “1 Stand over to 27 August 2026 on the supplementary board, so as
               to enable the concerned officer, who has issued the instructions
               which, in our opinion, are wholly untenable, to take a position in
               regard to the release of the dues payable to the petitioner. In the event
               the affidavit is not placed on record, the concerned officer is directed
               to remain present before the Court on the adjourned date of hearing.

               2 This is in view of the fact that, even on the earlier occasion, the
               said officer appeared to be not giving instructions in the manner
               expected of a Government official to the learned AGP. It was only
               when the proceedings were listed before this Court and when the
               Court took a serious view of the matter, that he took further steps, as
               recorded in our earlier order. Such an approach cannot be
               perpetuated. Accordingly, we direct the concerned officer to remain
               present before the Court, along with his affidavit, on the adjourned
               date of hearing.”



4.        In such context, a reply affidavit has now been filed by Mr Prashant P

Digraskar, Education Officer (Secondary) Zilla Parishad, Nashik, in which it is

inter alia pointed out that the regular salary of the Petitioner will be cleared within

one month. As regards the supplementary arrear bills of the Petitioner, a minimum

period of three months and a maximum period of seven months will be taken to

pay the same. In our opinion, there ought not to be any undue delay, and an

endeavour needs to be made to make payment of the regular salary bills and also

the supplementary arrear bills as expeditiously as possible and in any case within




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the timeframe as stated in the affidavit. The relevant contents of the said affidavit

are required to be noted, which read thus:-

            “4. Having stated the above, it is necessary to point out various steps
            which are involved in processing of salaries bills of School Staff
            through Shalarth System and which are set out below:
            a.       As regards the Regular Salary Bills:
            i. Regular Salary Bills are first submitted online by the Principal
            Concerned School (i.e. DDO-1) through Shalarth System to the
            office of Superintendent, Pay and Provident Fund Unit (i.e. DDO-2).
            ii. Upon receipt of the Regular Salary Bills from DDO-1, such bills
            are consolidated by the DDO-2.
            iii.     Subsequently, after generating MTR Form No. 44 as per
            Maharashtra Treasury Rules, 1968 and Authorization Letter
            generated on Distribution System (BDS), offline Salary bills are
            Budget prepared by the DDO-2.
            iv.      Consequently, the DDO-2 submits the, offline Salary bills
            together with the MTR Form No. 44, Authorization Letter, schedules
            of deductions and invoices are submitted to the Maharashtra
            Government Treasury.
          It is noteworthy to point out that, the Regular Salary Bills of School
          Staff have been processed and paid through the Shalarth System since
          March, 2014 when such process was introduced for the first time, except
          during the period between 2017-2018 when such online system was
          closed due to technical reasons.


            b. As regards the Supplementary Arrear Bills:
                   i. Arrear Bills are first verified online by the DDO-1 (i.e.
                   Principal of the Concerned School) and upon such verification
                   as well as after uploading of necessary documents, the same are
                   then submitted to DDO-2 (i.e. Superintendent, Pay and
                   Provident Fund Unit) through Shalarth System.




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          ii. Pursuant to the above, DDO-2 again verifies the Arrear Bills
          apart from confirming the necessary documents uploaded along
          with such bills by DDO-1.
          iii. Subject to the aforesaid verification and confirmation, the
          Arrear Bills are either approved or rejected by DDO-2. If such
          bills are approved, then they are categorized as follows:


          1. Form-A: Current Financial Year;
          2. Form-B: 1 to 6 years
          3. Form-C: Above 6 years.


          iv. Subsequently, the batches of the approved bills are generated
          and upon doing so, a certificate is generated in the Shalarth
          System.


          v. Such certificate is to be signed by DDO-2 and such signed
          certificate is to be mandatorily uploaded on the Shalarath
          System.


          vi. Thereafter, the batches of the approved bills are forwarded
          online to the office of the Education Officer by DDO-2.


          vii. The office of the Education Officer upon receiving the
          batches of the approved bills under Form-A, and/or Form-B
          and/or Form-C, verifies such bills for the first time and such
          batch(es) are then either approved or rejected. In case of
          approval of batch(es), a certificate is generated in the Shalarth
          System which needs to be signed by Education Officer and then
          uploaded in such system so that, the such approved batch(es) of
          the bills are forwarded online to the office of the Deputy
          Director of Education.




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                       viii. Likewise, the office of the Deputy Director of Education
                       follows the same process of verification of the forwarded
                       batch(es) and then forwards the approved batch(es) to the office
                       of Director of Education upon uploading of duly signed version
                       of the certificate which is generated on approval(s).
                       ix. The office of the Director of Education upon receiving the
                       batch(es) of Arrear Bills from the office of Deputy Director of
                       Education undertakes following steps:


                 1. as regards the batch(es) of Form-A & Form-B:
                       a. the same are either approved or rejected pursuant to a
                       verification exercise;


                       b. Approved Batch(es) receive Final Sanction and thereafter
                       such sanctioned batch(es) are forwarded to the office of the
                       DDO-2 who upon receipt of the same, prepares offline bills
                       after consolidating these bills.


                       c. Thereafter, DDO-2 submits consolidated offline sanctioned
                       bills to Maharashtra Government Treasury.


                       d. Once the aforesaid bills are cleared, the funds are directly
                       credited into bank accounts of the respective school staff via the
                       e-Kuber System.


          2. as regards the batch(es) of Form-C:
               a. the same are either approved or rejected pursuant to a verification
               exercise and


               b. later the approved batch(es) to are forwarded online the School
               Education Department of Government of Maharashtra after uploading
               of duly signed certificate by the Director of Education which is
               generated on such system.



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               Needless to mention that, any steps in respect of the batch(es) of the
               Form-C can be taken and/or initiated only after receiving approval from
               the School Education Department of Government of Maharashtra.


          It is also noteworthy to point out that, prior to January, 2025, supplementary
          arrear bills were not only accepted offline but also verified offline and even
          submitted to Maharashtra Government Treasury in offline mode. However,
          since January, 2025, such process has been made completely online.


          5. It is also necessary to point out that, each step of the mechanism elaborated
          above, takes atleast 7 to 15 days due to the voluminous nature of the bills to
          be processed as well as due to the fact that, verification of amounts as well as
          confirmation of documents has been provided for at each step of the way in
          respect of the payment of Supplementary Arrears Bills.


          6. In the above backdrop and considering the fact that, the Petitioner's case
          falls under both the categories i.e. Regular Salary Bills as well as the
          Supplementary Arrears Bills, I state and submit that as under:


                a. as regards the Regular Salary Bills of the Petitioner is concerned, the
                same shall be duly processed by my office within a period of 1 month
                from the date of receipt of proposal from the New School in which
                such Petitioner has been absorbed.


                b. However, in regards to the Supplementary Arrear Bills of the
                Petitioner, a minimum of period of 3 months and a maximum period
                of 7 months would take to duly process the same as it is subject to
                multi-layer approval system as explained above.


          7. In fact, it is relevant to highlight that, the office of the Director of
          Education (Secondary and Higher Secondary), Maharashtra State has
          addressed a letter dated May 12, 2026 to the offices of all the Deputy



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            Directors, Education Officers as well as Education Inspectors and
            Superintendents, Pay & Provident Fund Unit (Primary/Secondary) providing
            Standard Operative Procedure ("SOP") to be adopted for submission of
            pending/arrear salary bills through Shalarth System for FY 2026-2027. The
            various step detailed in paragraph 4(b) above are covered in such SOP. Copy
            the aforesaid Letter dated May 12, 2026 is annexed and marked hereto as
            Exhibit “R-2”.


            8. It is also relevant to highlight that, the Government Resolution dated July
            15, 2017 also provides for the procedure to be followed while processing
            arrears bills which is annexed and marked hereto as Exhibit "R-3".


            9. In the facts and circumstances as set out above, I state and submit that, the
            captioned Petition may be dealt with accordance of law by passing
            appropriate orders.”


 5.            In this view of the matter, we accept the statements as made by Mr Prashant

 Digraskar in an affidavit as an Undertaking to this Court. The same shall be strictly

 adhered to within the timeline as specified in the affidavit and all further necessary

 steps be taken in pursuance thereof.

 6.            In this view of the matter, further adjudication of the matter is not called for.

 The Writ Petition accordingly stands disposed of. No costs.



 (DR. NEELA GOKHALE, J.)                                          (G. S. KULKARNI, J.)



          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.09.01
          20:15:18
          +0530




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