Afzal Khan Abbas Khan v. The State Of Maharashtra And Others

2026:BHC-AUG:1394-DB 1 905-wp 3449-2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3449 OF 2013 Afzal Khan Abbas Khan .. Petitioner

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The State Of Maharashtra And Others .. Respondents WITH CIVIL APPLICATION NO. 8204 OF 2024 IN WP/3449/2013 Afzal Khan Abbas Khan .. Applicant

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The State Of Maharashtra And Others .. Respondents Mr. Azizoddin R. Syed, Advocate for Petitioner/Applicant. Mr. B. V. Virdhe, AGP for Respondent Nos. 1 to 3. Mr. Kunal A. Kale, Advocate for Respondent Nos. 4 & 5. CORAM : KISHORE C. SANT AND SUSHIL M. GHODESWAR, JJ.

DATE : 13th JANUARY, 2026.

PER COURT :- 1.

Heard the parties.

2.

This Court from time to time has issued various directions to the parties. Now, the only grievance is about difference of arrears of salary of the petitioner and leave encashment. In view of the

2 905-wp 3449-2013.odt earlier order passed by this Court dated 17.12.2025, now the management has forwarded the salary bills to the Education Officer on 29.12.2025. There was only one deficiency pointed out in respect of Shalarth ID. Now, the said deficiency is also removed as per the statement made by the learned advocate for the management. The proposal is thus complete in all respects. 3.

The learned A.G.P. informs that, if the proposal is sent, the same would be processed within a period of four weeks from today.

4.

Considering above, this Court finds that, the petition can be disposed of with following directions.

5.

The Education Officer to process the bill and to pay the difference of arrears of salary within a period of four weeks from today. The leave encashment as per the entitlement of the petitioner also be paid.

6.

The only grievance of the management is that, while disbursing the amount of salary the Education Officer requires undertaking from the management that, in case, salary is paid excess, then they would recover the said amount and pay to the Education Officer. In case, such amount of salary is to be

3 905-wp 3449-2013.odt recovered, it is open for the management to recover the said amount from the petitioner if occasion arises. In any case, the management is bound to give an undertaking to the Education Officer.

7.

The management to submit undertaking within a period of two weeks from today. If any other deficiencies are communicated, it is for the management to remove those deficiencies.

8.

With this, the writ petition stands disposed of. 9.

In view of disposal of the writ petition, civil application also stands disposed of.

( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J. ) P.S.B.