Sachin Kashinath Gambhire v. The State Of Maharashtra Through The Secretary, Dept. Of Edu. And Sports And ORS
by ARUNA SANDEEP TALWALKAR Date: 2025.10.10 18:11:47 +0530 ARUNA SANDEEP TALWALKAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION (Sr. No. 908) WRIT PETITION NO. 17397 OF 2024 Sachin Kashinath Gambire.
... Petitioner.
V/s.
The State of Maharashtra & Ors.
... Respondents.
WITH WRIT PETITION NO. 17400 OF 2024 Kapil Prakash Deshmukh.
... Petitioner.
V/s.
The State of Maharashtra & Ors.
... Respondents.
--- Mr. Saurabh Pakale a/w. Mr. Nilesh Desai i/b. Padmaja Malgaonkar, Advocate for Petitioner.
Mr. Abhijit P. Kulkarni a/w. Mr. Abhishek Roy, Ms. Sweta Shah, Advocate for Respondent PMC.
Mr. P.P. Kakade a/w. Ms. Nisha Mehra, AGP for Respondent/State in WP/17397/2024.
Ms. Priyanka Chavan, AGP for Respondent/State in WP/17400/2024. --- CORAM :
RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.
DATE :
7th OCTOBER, 2025 P.C. :
1.
Writ Petition No. 17400 of 2024 was not on board. On request and the consent of the parties, the same is taken board and heard
along with Writ Petition No. 17397 of 2024.
2.
A solemn statement is made on instruction by the learned Advocate for the Petitioners that none of these Petitioners are involved in the TET Exam Result Scam of 2018-2019. All of them have acquired their C-TET qualification. Hence, considering the law laid down by the Hon'ble Supreme Court in Civil Appeal No. 1385 of 2025 and connected Appeals (Anjuman Ishaat-E-Taleem Trust v/s. State of Maharashtra & Ors.) dated 1st September, 2025 and Sagar Dattatray Chorghe v/s. State of Maharashtra and Others, (Writ Petition No. 7943 of 2023), they would be entitled for their salaries through the salary grants (the State Exchequer), only to the extent of the percentage of such grants and from the date on which they acquired C-TET qualification. 3.
We have already concluded that after the Judgment of this Court in Sagar Gopichand Bahire v/s. State of Maharashtra & Ors. (Writ Petition No. 4904 of 2020 along with connected matters), none of the teachers are eligible to be paid salaries from the State Exchequer/Salary grants until they acquire their TET or C-TET qualification. 4.
In view of the above, we direct the Zilla Parishad to
scrutinize each case of the Petitioners in terms of the dates on which they acquired their TET or C-TET qualification. After confirming the position, the proposals for payment of their salaries to the extent of the salary grants extended by the Government to the Zilla Parishad shall be forwarded to the Competent Authority, which would then clear the payment of such salaries only with effect from the dates of acquiring TET/C-TET qualifications.
6.
Let this exercise be completed by the Zilla Parishad within 60 days from today and the proposal be forwarded to the Competent Authority for approval.
7.
With the above directions, these Petitions are disposed off. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)