Anand Chandrakant Meghe And ANR v. The State Of Maharashtra Thr The Secretary Dept. Of Education And Sports And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16470 OF 2023 Pradnya Ramesh Penkar @ Pradnya Vaibhav Jadhav ... Petitioner V/s.

The State of Maharashtra and Ors.

... Respondents Mr. Sanjeev B. Deore for the Petitioners Mr. S.B. Kalel, AGP for the Respondent - State CORAM : NITIN JAMDAR & M.M. SATHAYE, JJ.

DATE : 01 MARCH 2024 P.C. :- Heard the learned Counsel for the parties. The Petition is now restricted to the Petitioner No.3 in view of the amendment. 2.

The Petitioner No.3 was appointed as Assistant Teacher in Respondent No.7 school on 1 July 2013 and was granted approval as Assistant Teacher by Respondent No.5 vide letter dated 14 October 2023.

3.

The learned Counsel for the parties have placed before us the order passed by the Division Bench (Aurangabad Bench) in Writ Petition No. 11121 of 2023 dated 7 September 2023 wherein

the Division Bench has considered identical situation as to whether the Petitioner should be paid salary or not and has passed certain directions. The learned Counsel are ad idem that this direction would apply to the case of the Petitioners as well. 4.

Accordingly, the Writ Petition is disposed of on same terms as Writ Petition No. 11121 of 2023.

5.

Hence, the following order :- (a) The impugned orders are quashed and set aside. (b) The Petitioners would tender an undertaking that, they would abide by the conclusions that would be drawn by the Hon'ble Supreme Court, and if the verdict is adverse to those teachers who do not have the TET qualification or have cleared the TET after 31/03/2019, or as the case may be, they would abide by the same without raising any cause of action.

(c) Let such affidavit undertaking be filed in this Court within 15 days from today and a copy be tendered to the concerned Education Officer within the same timeline.

(d) Considering the above, the proposal of the Petitioners would be considered for entering their names in the 'Shalarth-ID' on their own merits, save and except, the reason that they are not TET

qualified. Needless to state, the proposals would be decided within 30 days after the submissions of the undertakings. (e) If an adverse order is passed by the Hon'ble Supreme Court by which the teachers are covered by clause (a), the State Government would not recover the salaries already paid to them, since they have worked for those tenures and they have earned their salaries for performing their duties.

(f) In the event, the candidates like the Petitioners are protected by the Hon'ble Supreme Court's conclusions and they are held to be qualified to continue in employment, they would be entitled for all service benefits like promotions, increments, etc. M.M. SATHAYE, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2024.03.04 16:51:22 +0530 JYOTI PRAKASH PAWAR