Sachin Raghunath Patil And Others v. The State Of Maharashtra Through Secretary And Others

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2789 OF 2024 Sachin Raghunath Patil & others .. Petitioners versus The State of Maharashtra & others .. Respondents Mr. R. S. Pawar, Advocate for the Petitioners. Ms. Neha Kamble, AGP for the State.

Mr. R. N. Jain, Advocate for Respondent No. 5. CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 12th MARCH, 2024.

PER COURT :

1.

All these Petitioners are identically situated. All of them are working under the scheme 'Education for disabled children' at the primary school level. All of them are without salary for a long time and hence, have put forth prayer clause B as under :- B) By issuing appropriate Writ, Order or the Direction in the like nature, the Respondent No's 1 & 2 be directed to release/grant the salary to the post of the Petitioners. 2.

We have considered the submissions of the learned Advocates for the Petitioners and the Zilla Parishad, as well as the learned AGP on behalf of the State authorities.

- 2 - 3.

We are informed that the communication dated 10th December, 2021 was addressed by the Chief Executive Officer, Zilla Parishad, Nandurbar to the Under Secretary, Rural Development Department, Mantralaya, Mumbai, vide which, the Chief Executive Officer has requested the Under Secretary that though there are no orders of withholding the salaries of 41 special teachers, who have been working under the Central Government funded scheme, namely, 'Integrated Education for Disabled Students' at Primary Stage, the salaries have not been paid. He has, therefore, sought guidance from the Under Secretary as the special teachers were without salary for 51 months as on 10th December, 2021. The copy of the said communication dated 10th December, 2021 is at Page No. 22. 4.

Inv view of the above, this Writ Petition is disposed off with the following directions :- (a) Respondent No. 3/ Under Secretary shall issue a communication extending guidance to the Chief Executive Officer, Zilla Parishad, Nandurbar, expeditiously and such communication should reach the Chief Executive Officer, within 30 days.

- 3 - (b) Respondent No. 6/Chief Executive Officer shall intimate the Petitioners of the decision conveyed by the Under Secretary, within 15 days.

(c) In the event, the Petitioners' grievances are not redressed, they would be at liberty to challenge the said decision of the Government.

(d) Needless to state, if the Government approves the payment of unpaid salaries to these Petitioners, such payments shall be made to these Petitioners as well as to those similarly situated teachers, who have not approached this Court, within 60 days from today, in order to ensure that further litigation is curtailed.

( R. M. JOSHI) ( RAVINDRA V. GHUGE) JUDGE JUDGE dyb