Bombay High Court

MALTI RAMCHANDRA PAILKAR ALIAS MALTI SAGAR CHANDORKARversusTHE STATE OF MAHARASHTRA THR SECRETARY AND ORS

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The Court upheld the petitioner’s right to appointment in the fully aided post and ordered the relevant authorities to process her appointment and benefits, disposing of the writ petition.

Summary

The petitioner, an Assistant Teacher appointed in 2009 to an unaided post, sought enforcement of her conversion to a fully aided post after the employer advertised the same post in 2024. The High Court had earlier quashed that advertisement and directed the education society to propose her appointment to the Education Officer, who approved it in October 2025. The petitioner then applied for a salary and service benefits, including issuance of a Shalarth ID, as per the court’s earlier order. The Court allowed the amendment to implead the Deputy Director of Education, directed the school to forward its proposal to that authority, and ordered the Deputy Director to consider the proposal within four weeks after hearing the parties. With these directions, the writ petition was disposed of without costs.

Issues considered

Whether the advertisement for the Assistant Teacher post after its conversion to a fully aided post violated the earlier court order.
Whether the petitioner is entitled to appointment, salary, and service benefits in the fully aided post as directed by the court.
Procedural steps required for issuance of Shalarth ID and implementation of the court’s directive.

Subjects

appointment
aided post
education sector
service benefits
writ petition
implementation of court order

Judgment

                                                              401_WP_6264_2026.ODT



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO.6264 OF 2026
Malti Ramchandra Pailkar
alias Malti Sagar Chandorkar                                  ...Petitioner
        Versus
The State Of Maharashtra
thr. Secretary & Ors.                                         ...Respondents
                                        _______
Ms Sanika R. Said a/w Saima S. Shaikh, Shubham Sonawale, and Abhishek
     Solunke, i/by Vinod P Sangvikar, for Petitioner.
Ms P.N. Diwan, AGP for Respondent - State.
                                  _______

                            CORAM:         G. S. KULKARNI &
                                           DR. NEELA GOKHALE, JJ.
                            DATE:          31st AUGUST 2026
P.C.

1.     Leave to amend to implead Deputy Director of Education, Mumbai Region,

as a party Respondent No.5 is granted. Amendment be carried out forthwith.

2.     Heard Ms Sanika R. Said, learned counsel, appearing for the Petitioner and

Ms P.N. Diwan, learned AGP, appearing for the Respondent – State.

3.     The Petitioner states that she was appointed as an Assistant Teacher for

Social Science by Respondent No. 3 – Education Society at Respondent No. 4 –

School, by an appointment order dated 25th June 2009, w.e.f. 1st July 2009, in the

unaided division. The post to which the Petitioner was appointed has since been

converted to a fully aided post. Respondent Nos. 3 and 4 issued an advertisement

dated 12th January 2024 on the Pavitra Portal, inviting applications for the post of

Assistant Teacher for Social Science.

4.     Aggrieved by this advertisement, the Petitioner filed Writ Petition No.

11959 of 2024 before this Court. By order dated 20 th March 2025, this Court



                                  Page 1 of 2
                                                                                      401_WP_6264_2026.ODT



                      quashed and set aside the aforementioned advertisement dated 12 th January 2024

                      and directed Respondent No. 3 – Education Society to submit a proposal to the

                      Education Officer concerned for approval of the Petitioner’s appointment.

                      Furthermore, the Court instructed the Education Officer to decide on the matter

                      within twelve weeks of receipt of the proposal.

                      5.       By communication dated 15th October 2025, Respondent No. 2 –

                      Education Officer, approved Petitioner’s appointment to the fully aided post.

                      Thereafter, Respondent No. 4 – School, submitted a proposal dated 14 th November

                      2025, and the Petitioner submitted Application/Complaint dated 6 th March 2026

                      and 27th March 2026 to Respondent No. 2 – Education Officer, seeking issuance

                      of Shalarth ID and consequently, grant of salary and other service benefits for the

                      Petitioner, in accordance with the directions given in the Judgment and Orders

                      dated 20th March 2025 passed by this Court in Writ Petition No. 11959 of 2024.

                      6.       Considering the averments made in the Petition and the reliefs sought,

                      Respondent No. 4 – School to forward the proposal dated 14 th November 2025

                      seeking issuance of Shalarth ID for the Petitioner to Respondent No. 5 – Deputy

                      Director of Education within a period of 2 weeks from today. Respondent No. 5

                      shall consider the proposal dated 14 th November 2025, submitted by Respondent

                      No. 4, within a period of 4 weeks from the date of receipt of the said proposal, after

                      affording an opportunity of hearing to all concerned parties.

                      7.       Keeping all the contentions open in that regard, the Writ Petition stands

                      disposed of. No costs.

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

PRASAD
RAJENDRASING
RAJPUT
                                                         Page 2 of 2
Digitally signed by
PRASAD
                      Prasad
RAJENDRASING RAJPUT
Date: 2026.09.01
20:42:09 +0530

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