Nandkishor Narhari Kale And Others v. The State Of Maha. Thr. Principle Sec. School Education And School Dept. Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2304/2024 Nandkishor Kale & others ..versus..

State of Maharashtra & others ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri R.B. Dhore, Advocate for the Petitioner(s) Shri S.V. Narale, AGP for the Respondent/State Ms. H.N. Jaipurkar, Adv h/f Shri B.N. Jaipurkar, Adv for the Respondent Nos. 2, 3 & 4 Shri S.M. Vaishnav, Advocate for the Respondent No. 5 CORAM:- M.S. JAWALKAR & NANDESH S. DESHPANDE, JJ. FEBRUARY 02, .

Heard learned Counsel for the respective parties. (2) Vide order dated 30/01/2026, the office bearers of the Respondent No. 5 were directed to remain present before this Court. (3) In view of the above order, the office bearers of the Respondent No. 5 namely Shri Rangnath Borkar - President, Shri Raghunath Borkar - Secretary and Shri Lakhan Borkar - Trustee are personally present in the Court.

(4) It is the submission of the Petitioners that in spite of the order dated 29/01/2025, the salary due and payable to the Petitioners is not paid by the Respondent No. 5. The Respondent No. 5 recently placed

on record an additional affidavit in which the Respondent No. 5 has made a statement in Paragraph No. 5 as under:- "5) ..... That in these facts the respondent no. 5 institute is ready to submit salary bills of the petitioners from October 2023 till today in accordance with law however, the Education Officer (Primary), Z.P. Buldhana be directed to accept the said salary bills submitted by the signature of President/Secretary of resp. no. 5 society so that the salary could be paid to the petitioners......" (5) Upon this, we asked learned Counsel for the Respondent Nos. 2, 3 & 4 to verify whether the bills can be submitted by the Management or the Education Officer himself can draw the bills. (6) Learned Counsel for the Respondent Nos. 2, 3 & 4 submits that if the Management appoints any financial Head, the bills submitted by the said Head can be accepted and the amounts can be released to the Petitioners.

(7) Learned Counsel for the Respondent No. 5 assures that within a period of one week, they will appoint a financial Head for the institution and under his signature, the bills would be forwarded. (8) Upon this, learned Counsel for the Petitioners states that Petitioner No. 1 is ready to act as financial Head of the institution and submit the bills.

(9) The above assurance given by the Respondent No. 5 is taken on record as an undertaking and it is expected that the Respondent No. 5 acts as per the undertaking given to this Court.

(10) List the matter on 18/02/2026.

(NANDESH S. DESHPANDE, J.) (M.S. JAWALKAR, J.)