Pandurang Dattatray Kolte v. The State Of Maharashtra Throu. The Sec. School Education And Sports Dept And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9259 OF 2025 Pandurang Dattatray Kolte ... Petitioner
Versus
The State Of Maharashtra And Ors ... Respondents SHARADA RANGNATH WAHULE SHARADA RANGNATH WAHULE Date: 2025.12.20 11:37:45 +0530 **** Mr. Akhil K. i/b Mr. Prashant Bhavake, Advocates for the Petitioner. Mr. P. P. Kakade, Addl. G.P. a/w Mr. K.S. Thorat, 'B' Panel Counsel for Respondent Nos.1 to 5-State.
Dr. Bhausaheb Karekar, Education Officer (Secondary) Pune, present in Court.
**** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.
DATE : 18th DECEMBER, 2025 P.C. :
1.
On 14th November 2025, we had passed the following order :- "1.
This is one more case in which the Education Officer Dr. Bhausaheb Karekar has passed a typical order. In several cases, similar orders passed by Dr. Bhausaheb Karekar have been set aside. We are informed by the learned AGP that now disciplinary action has been initiated against him.
2.
We permit the learned Advocate for the Petitioner to add Dr. Bhausaheb Karekar by name, as Respondent No.8 Addition be carried out forthwith.
3.
Issue notice to the Respondents, returnable on 17th December, 2025. The learned AGP waives service of notice on behalf of the State/Respondent Nos.1 to 5. List this Petition on the Urgent Supplementary Board.
4.
Let Affidavit-in-Reply be filed, at least 1 week prior to the returnable date.
5.
Until the returnable date, we permit Respondent No.5 to consider the communication of the Petitioner Management dated 17th October,, 2024, by which, the deficiencies are said to be removed, on its own merits. The said proposal shall not be forwarded to the State Government in the light of the order of this Court at the Aurangabad Bench dated 3rd February, 2025, passed in Writ Petition No.1021 of 2025 (Mansi Arun Kelkar v/s The State of Maharashtra, Through its Principal Secretary and Others)". 2.
Since the above order was not complied with by the Education Officer Dr. Bhausaheb Karekar, we directed on 17th December, 2025 that he would remain present in the Court hall to explain his conduct.
3.
The learned Advocate for the Education Officer submits that the said officer is present in the Court hall and has passed an order on 15th December, 2025 granting approval to the appointment of the Petitioner with effect from 5th December, 2022. A photostat copy the same is marked as 'X' for identification.
4.
The learned Advocate for the Petitioner submits that the approval should have been granted from 1st July, 2021. The concerned officer has erroneously granted it with effect from 5th December, 2022.
5.
The learned AGP submits that the post fell vacant on the said date and hence the approval from the said date. 6.
The learned Advocate for the Petitioner submits on instructions that this Petition may be disposed off. The Petitioner would assail the order 'X' by preferring a Writ Petition. Arrears of salary will have to be cleared.
7.
In view of the above, we direct that the procedure required to be followed for clearing the arrears of salary of the Petitioner, would be complied with by the college, as well as, by the Education Officer and the entire exercise be concluded within a period of 45 days and the arrears shall be paid to the Petitioner. 8.
In so far as the grievance of the Petitioner with regard
to the order 'X', if he prefers a Petition, the grounds for challenge would be considered on their own merits.
9.
Since we have passed innumerable orders against the concerned officer namely Dr. Bhausaheb Karekar who is present in the Court hall, the learned AGP submits that the concerned officer is now quite getting serious in his duties and is not passing orders without reasons. He assures the Court that henceforth, no such order would be passed that would reflect his incompetency. 10.
It is further prayed that as a last chance, he may be pardoned. He has filed an affidavit dated 18th December, 2025. He has tendered an unconditional apology.
11.
In view of the said statement and since we are informed that the learned Additional Government Pleader has, in fact, graciously had a word with the officer and has counseled him, we close this issue at this stage in anticipation that henceforth no such orders would be passed.
12.
Needless to state, the procedure required to be followed for allotting the Shalarth ID to the Petitioner to facilitate payment of salary, shall be initiated by the management as well as the concerned authority and the entire exercise would be completed within a period of 30 days. The college would complete its part within 15 days out of this timeline. 13.
The Writ Petition is disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)