Bombay High Court
SHRI. DIPAK BHASKAR MUTHAL AND ORSversusTHE STATE OF MAHARASHTRA THRU SECRETARY SOCIAL JUSTICE AND SPECIAL ASSI. DEPT. AND ORS
- Disposal
- Disposed Off
Holding
The Court allowed the petitions, directing the State to implement the 2015 resolution, pay salary arrears with interest, and set aside clause 1(A) of the 2018 resolution.
Summary
The petitioners, a teachers' association and a school management body, sought enforcement of a 2015 Government Resolution granting 100% aid and salary payments to teachers of a disabled persons' school, challenging a later 2018 resolution that altered those benefits. The State argued that the school’s registration had been cancelled and that the 2018 resolution should stand. The Court examined the earlier judgment of the Aurangabad Bench in Jay Malhar Shikshan Prasarak Mandal Sawargaon (P) v. State of Maharashtra, finding that the substantive issue was already decided in favour of the petitioners. Consequently, the Court held that the 2015 resolution remains operative, directing the State to release the pending salary arrears with 12% interest and to set aside the contested clause of the 2018 resolution. The Court also ordered the District Social Welfare Officer to deposit the remaining salary directly into teachers’ bank accounts and kept open the State’s objection regarding school operation for future proceedings.
Issues considered
- Whether the 2015 Government Resolution granting 100% grant-in-aid and salary benefits to teachers is enforceable despite the later 2018 resolution.
- Whether the cancellation of the school’s registration affects the entitlement to salary arrears and grant-in-aid.
- Whether the State must pay salary arrears with interest as directed by the 2015 resolution.
- Whether the clause 1(A) of the 2018 resolution should be set aside.
Subjects
- grant-in-aid
- salary arrears
- government resolution
- mandamus
- social justice department
- disabled persons school
- writ petition
- interest
- cancellation of registration
Judgment
12 wp 10959-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7363 OF 2023
Shri. Dipak Bhaskar Muthal And Ors
VERSUS
The State Of Maharashtra Thru Secretary Social Justice And Special
Assi. Dept. And Ors
WITH
WRIT PETITION NO. 10959 OF 2024
Navoday Adarsh Gramin Vikas Mandal Throu. Its President Sharad
Vitthal Ukirde
VERSUS
The State Of Maha Thr. Secretary Social Justice And Social
Assistance Department, Other Backward Class And Ors
...
Mr. Narendra V. Bandiwadekar, Senior Advocate a/w Mr. Sagar
Mane, Advocate for the Petitioner in WP 10959/2024.
Mr. Abhijit Kulkarni, Advocate a/w Mr. Abhay Jadhavar, Advocate
a/w Mr. Rutik Kashid, Advocate for the Petitioner in WP 7363/2023
Mr. B.V. Samant, AGP a/w Mr. M.M. Pabale, AGP for
Respondents/State
…
CORAM : MILIND N. JADHAV, &
NANDESH S. DESHPANDE, JJ.
DATE : 2nd JULY 2026.
P. C. :
1. Heard Mr. Bandiwadekar, learned Counsel for the petitioner in
Writ Petition No. 10959/2024, Mr. Kulkarni, learned Counsel for
1 of 7
12 wp 10959-2024.doc
petitioners in Writ Petition No. 7363/2023 and Mr. Samant, learned
AGP on behalf of State and its functionaries in both petitions.
2. These writ petitions are on the board since 2023 and several
orders have been passed. We deem it fit to reproduce the order
which is relevant for disposal of the present writ petition by us
today. Order dated 10.09.2025 reads thus:
“1. Heard learned Senior Counsel for the Petitioner
and learned AGP for the State.
2. Learned AGP seeks further time for taking
instructions.
3. It is made clear that if, on the next date, affidavit-
in-reply is not filed, this Court shall make an endeavor to
hear the petition finally as it is the submissions of the
learned Counsel for the Petitioners that the issue
involved in the present petition is squarely covered by
the decision of this Court (Aurangabad Bench) in Jay
Malhar Shikshan Prasarak Mandal Sawargaon (P) Vs.
The State of Maharashtra dated 18th January, 2025 in
Writ Petition No. 1775 of 2021.
Prima facie we find substance in the submissions
of the learned Counsel for the Petitioners that the issue
involved in the present petition is squarely covered by
the said judgment.
4. Only by way of indulgence, time till 7th October,
2025 is granted to the Respondents to file affidavit-in-
reply. Ad-interim relief granted earlier to continue till
the next date.
5. List the Writ Petition on 7th October, 2025.”
2 of 7
12 wp 10959-2024.doc
3. Today, after hearing the learned Counsel for the parties and
perusing the decision of the Aurangabad Bench in the case of Jai
Malhar Shikshan Prasarak Mandal Sawargaon (P) Vs. the State of
Maharashtra (supra), as stated in the aforesaid order, it is prima
facie clear that the case of the petitioners before us is only covered
with regard to the substantive challenge to the Government
Resolution dated 06.11.2018, which has been comprehensively
determined by virtue of the aforesaid decision.
4. Mr. Samant, learned AGP in usual fair mindedness also
agrees with the aforesaid proposition as also the decision passed in
the case of Jai Malhar Shikshan Prasarak Mandal (supra).
5. In that view of the matter, there is no impediment in allowing
the petitions. However, before we do so, Mr. Samant persuaded us
to consider one objection on behalf of respondents. He would
candidly inform the Court that despite there being specific
directions, reply affidavit has not been filed on behalf of the State
Government and its functionaries. However, he persuades us to
consider the fact that registration of the subject school has been
cancelled in the year 2025, and in that view the claim of the
petitioner with regard to payment of salaries to the teachers which
3 of 7
12 wp 10959-2024.doc
emanates from the Government Resolution dated 08.04.2015 and
subsequently superseded by the Government Resolution dated
06.11.2018 requiring issuance of 100% grant-in-aid, having been
decided to be given to the subject school for disabled persons which
is run by the concerned institution. However, the objection raised by
the Government cannot be sustained as not decided by us in the
present writ petitions.
6. The petitions therefore stand allowed in terms of prayer
Clauses (a), (b) and (e) in Writ Petition No. 7363/2023 and prayer
Clauses (a), (b) and (c) in Writ Petition No. 10959/2024, which are
reproduced hereinbelow.
Prayers in Writ Petition No.10959/2024
“a. That by an appropriate writ, order or direction, this
Hon'ble Court be pleased to direct the Respondents herein to
grant the benefits as per Government Resolution dated
08.04.2015 issued by the Social Justice and Special Assistance
Department of Maharashtra Government i.e. Respondent No.1.
b. This Hon'ble court may, by way of writ of mandamus and
writ in the nature of mandamus passed appropriate direction
against respondents toforthwith pay the arrears of salary of
the Petitioners staff from the date of GR dated 08.04.2015 till
date and since there is deliberate non compliance of the GR
dated 08.04.2015, interest be paid to them at the rate of 12%
on the arrears of salary and the said arrears along with interest
be paid to them within two weeks from the date of the order
passed by this Hon'ble Court;
c. This Hon'ble court may, by way of writ of mandamus
and writ in the nature of mandamus passed
4 of 7
12 wp 10959-2024.doc
appropriateorder/directions and set aside the Clause 1 (A) of
the Government Resolution dated 06.11.2018 passed by the
Social Justice and Special Assistance Department of State of
Maharashtra MantralayaMumbai, i.e. Respondent No.1 and
further direct them to provide grant 100% aid to Petitioner
institution wherein entire staff working i.e. Asthiwyang Nivasi
School, Barshi Governed by Navodya Adarsh Gramin Vikas
Mandal Agalgaon Tal. Barshi from the date of Government
Resolution dated 08.04.2015.”
Prayers in Writ Petition No.7363/2023
“(a) That this Hon'ble Court be pleased to pass an order
thereby directing the Respondent No. 1 to 5 grant the benefits
as per Government Resolution dated 8th April 2015 issued by
the Social Justice and Special Assistance Department of
Maharashtra Government.
(b) That this Hon'ble Court be pleased to pass an order
thereby directing the Respondent Nos. 1 to 5, to forthwith pay
the arrears of salary to the Petitioners from the date of GR
dated 8th April 2015 till date and since there is deliberate non
compliance of the GR dated 8th April 2015, interest be paid to
the Petitioners at the rate of 12% on the arrears of salary and
the said arrears along with interest be paid to the Petitioners
within two weeks from the date of the order passed by this
Hon'ble Court;
(e) That the, pleased to give direction to Respondent No. 01
to 05, to set aside Clause 1 (A) of the Government Resolution
dated 06 November 2018 passed by the Social Justice and
Special Assistance Department of State of Maharashtra
Mantralay mumbai, and provide grant 100% aid to institution
wherein Petitioners are working i.e. Asthiwyang Nivasi
School, Barshi Governed by Navodya Adarsh Gramin Vikas
Mandal Agalgaon Tal. Barshi from the date of Government
Resolution dated 08/04/2015.”
7. The Government is directed to release the aforesaid grants to
the institutions as expeditiously as possible, and in any event within
5 of 7
12 wp 10959-2024.doc
a period of six weeks from today.
8. Needless to state that the aforesaid amount of 50% which has
been directed to be deposited, shall be deposited along with interest
@ 12% p.a. simple interest until the same is realised and paid over
the petitioners.
9. However, the objection raised by the Mr. Samant with regard
to the running of the school or with regard to the number of
students in the said school is expressly kept open to be persuaded in
appropriate proceedings as may be available to the respondents in
accordance with law.
10. Mr. Samant, learned AGP once again in his usual fair
mindedness apprises the Court that the Government Resolution
dated 08.04.2015 provides that the benefit of salary to the teachers
has to be given directly in their bank accounts.
11. In that view of the matter, Mr. Kulkarni representing and
espousing the cause of the teachers is directed to give the details of
the teachers to the concerned District Social Welfare Officer, Zilla
Parishad, Solapur,
12. At this juncture, Mr. Bandiwadekar, learned Senior Counsel
intervenes and informs the Court that the District Social Welfare
6 of 7
12 wp 10959-2024.doc
Officer, Zilla Parishad, Solapur, is already aware of the bank account
details of the teachers since they have presently been paid 50%
salary. Hence, he would persuade the Court to direct the District
Social Welfare Officer to deposit the balance 50% amount in the
same bank accounts.
13. If that is the case, the said exercise will be adopted by the
District Social Welfare Officer as directed hereinabove.
14. Both the petitions stand allowed and disposed of in the above
terms.
[NANDESH S. DESHPANDE, J.] [MILIND N. JADHAV, J.]
Jayashree..
7 of 7
Checking your session…