Kedari Anjana Laxman And ORS v. The State Of Maharashtra Thr The Secretary, Dept. Of Edu And Sports And ORS
1 910-WP-4732-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4732 OF 2024 Kedari Anjana Laxman And Ors
...Petitioner
Versus
The State of Maharashtra and Ors.
...Respondents
**** Mr. Sanjeev Deore a/w Suchita Pawar and Jitendra Pagare for the Petitioners.
Mr. S.B. Kalel, AGP for Respondent/State.
**** SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date:
2024.10.22 10:55:09 +0530 CORAM :
RAVINDRA V. GHUGE AND M.M. SATHAYE, JJ.
DATE :
16th OCTOBER, 2024 P.C. :
1.
Heard the learned Advocate for the Petitioners and the learned AGP.
2.
The Petitioners are teachers who have produced approvals dated 18 October 2016, to their appointments. They have either not passed TET exam or have cleared it after the cut off date i.e. 31st March, 2019. Their proposals for seeking allotment of the Shalarth ID have been rejected by the impugned order dated 15.05.2024.
2 910-WP-4732-2024.odt 3.
By a Judgment dated 10.10.2021, delivered by this Court in Writ Petition No. 6897 of 2021 and group of cases (Ashwini Yogesh Shete v/s. State of Maharashtra and others), this Court has concluded that when an approval to the appointment of an employee is granted, the Authority cannot refuse Shalarth ID, since it is a mode of making payment of the salaries to the concerned employee. 4.
In Dattatry Devidas Sonwale And Another Vs. State Of Maharashtra And Others, Writ Petition No. 11121 of 2023, decided on 07.09.2023 at the Aurangabad Bench, in almost same set of circumstances, this Court has imposed certain conditions in paragraph 10, which read as under:- 10.
In view of the above, this Writ Petition is partly allowed. The impugned order dated 11/08/2023 is quashed and set aside, with the following directions :- (a) 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. (b) 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.
(c) Considering the above, the proposals of the
3 910-WP-4732-2024.odt 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.
(d) 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.
(e) 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. 5.
The learned counsel for the Petitioners states on instructions that the Petitioners are ready to file such affidavit undertakings with the conditions, as indicated above.
6.
In view of the above, this Writ Petition is partly allowed. The Petitioners to tender affidavit undertakings as provided in para 10(a) & 10(e) reproduced above, within 30 days. On such affidavit undertakings being filed within the stipulated time, the impugned order dated 15.05.2024, will stand quashed and set aside. The Shalarth ID shall be granted to these Petitioners, who will be entitled to earn their salaries
4 910-WP-4732-2024.odt through the said mode, only to the extent of the salary grants extended to the Institution. Needless to state that, the Petitioners will be bound by the conditions below paragraph 10, reproduced above. The benefit under this order will operate prospectively.
(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)