Mohammed Tousif Mohammed Hanif And Others v. The State Of Maharashtra Through Its Secretary And Others

933-CA-2937-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2937 OF 2023 IN WP/7973/2019 MOHAMMED TOUSIF MOHAMMED HANIF AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....

Advocate for Applicants : Mr. Ankush N. Nagargoje AGP for Respondent Nos.1 and 2 : Mr. P. S. Patil Advocate for Respondent No.3 : Mr. N. S. Kadam Advocate for Respondent Nos. 4 and 5 : Mr. A. S. Kulkarni .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 10th MARCH, 2023 PER COURT :

1.

The Applicants are the Petitioners in the Writ Petitions. By an order dated 13th December, 2021, this Court noted that the Petitioners do not posses the T.E.T. qualifications and are working in minority institutions. This Court, by the said order, directed that the salary bills submitted by the management shall be processed considering the staffing pattern. These Applicants have approached this Court by taking out the Civil Application for the reason that the salary bills with effect from 01.10.2018 need to be forwarded by the management and the Education Officer needs to be directed to release the payment by including these Applicants (Nos.2 to 4) in the 1/2

933-CA-2937-2023.odt Shalartha Pranali. Applicant No.1 has already been entered in the Shalartha Pranali since he has passed the T.E.T. exam.

2.

Considering the order passed today i.e. 10th March 2023 in Writ Petition No.14939 of 2019 and connected matters, wherein we have permitted payment of salary from the month of February 2023 for the extensive reasons set out in the said order, that we grant the same relief to Petitioner Nos.2, 3 and 4.

3.

This Civil Application is disposed off.

4.

The Management would tender the salary bills of Petitioner Nos.2, 3 and 4 for the month of February payable in March and on regular monthly basis until further orders in the Writ Petition. Insofar as arrears of salaries are concerned, the said issue would be dealt with after the Hon' ble Supreme Court lays down the law as regards the issue admitted in Special Leave to Appeal No. 8300 of 2023.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) Tandale/- 2/2