Madhuri Suresh Survase v. The State Of Maharashtra Thr. Secretary Of Other Backward Bahujan Welfare Dept, And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12947 OF 2025 Madhuri Suresh Survase ... Petitioner Digitally signed by UDAY SHIVAJI JAGTAP Date:
2026.01.06 18:18:14 +0530
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UDAY SHIVAJI JAGTAP The State of Maharashtra & Ors.
... Respondents ALONG WITH WRIT PETITION NO. 12950 OF 2025 Bhagyashree Suryakant Choudhari ... Petitioner
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The State of Maharashtra & Ors.
... Respondents ALONG WITH WRIT PETITION NO. 12948 OF 2025 Pallavi Balasaheb Gadhave ... Petitioner
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The State of Maharashtra & Ors.
... Respondents ALONG WITH WRIT PETITION NO. 12952 OF 2025 Asmita Prashant Patil ... Petitioner
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The State of Maharashtra & Ors.
... Respondents ALONG WITH WRIT PETITION NO. 12951 OF 2025 Ghanshyam Maharudra Chavan ... Petitioner
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The State of Maharashtra & Ors.
... Respondents 1 of
ALONG WITH WRIT PETITION NO. 12955 OF 2025 Jyoti Sachin Chavan ... Petitioner
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The State of Maharashtra & Ors.
... Respondents ALONG WITH WRIT PETITION NO. 12954 OF 2025 Sonal Kiran Chavan ... Petitioner
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The State of Maharashtra & Ors.
... Respondents .............
Mr. Nagesh Y. Chavan a/w Abhang M. Suryawanshi, Ankita Chindage for the Petitioners.
Mr. S.B. Kalel, AGP for the Respondent - State in WP 12947 of 2025 Mrs. S.N. Deshmukh, AGP for the Respondent - State in WP 12950 of Mr. A.A. Naik, AGP for the Respondent - State in WP 12948 of 2025 Mr. R.P. Kadam, B Panel Counsel for the Respondent - State in WP 12952 of 2025 Mr. V.M. Mali, AGP for the Respondent - State in WP 12951 of 2025 Ms. T.J. Kapre, AGP for the Respondent - State in WP 12955 of 2025 Mr. A.P. Vanarase, AGP for the Respondent - State in WP 12954 of 2025 .............
CORAM : R.G. AVACHAT AND AJIT B. KADETHANKAR, JJ.
DATE : 6th JANUARY, 2026.
PER COURT :
1.
Heard Mr. Chavan, learned Counsel for the Petitioners and the learned AGPs for the Respondent - State.
2 of
2.
Mr. Chavan, learned Counsel for the Petitioners submits that the Petitioners are the Assistant Teachers, who have not yet cleared TET examination but they are covered by the liberty granted by the Hon'ble Supreme Court in case of Anjuman Ishaat-E-Taleem Trust Vs. The State of Maharashtra & Ors. in Civil Appeal No. 1385 of 2025 along with connected petitions.
3.
Mr. Chavan further submits that in any case the Petitioners are permitted to clear the TET examination within two years from 1st September 2025. Mr. Chavan would submit that although the services of the Petitioners are protected, however, the Respondents have not released their salary from May, 2025. Mr. Chavan, learned Counsel relied upon the order dated 6th November 2025 passed by this Court in Writ Petition No. 11978 of 2025 and connected matters, wherein this Court has observed thus :- "3. Thus prima facie we find that in terms of the order of the Hon'ble Supreme Court, the Petitioners will have to pass the TET Examination within a period of two years from 1" September 2025.
4. The action on the part of the Respondents in depriving the Petitioners the salary since June 2025 appears to be unjustified in view of the order passed by the Hon'ble Supreme Court. It is expected that necessary corrective steps shall be taken by the Respondents in ensuring that the salary and the arrears are paid 3 of
by the next date.
5. We expect that by the next date the necessary directions are issued for releasing the salary of the Petitioners.
6. List these Petitions on 18th November 2025, under the caption 'For Directions' to enable the learned A.G.P. to make a submission that within what time the arrears will be paid.
7. It is open for the learned A.G.P. to place on record the reasons for depriving the Petitioners in getting benefits of the salary, though it is the specific contention of the Petitioners that they are continuing to work and discharging their duties in the respective schools. If such is the situation, the reasons thereof may be placed on record by way of an Affidavit by the next date."
4.
In view of this, we deem it appropriate to dispose of these Writ Petitions with directions to the Respondent Nos. 1 to 4 to release the Petitioners' salary arrears payable to the Petitioners within a period of 12 weeks from today and shall keep paying the regular salary. 5.
Mr. Chavan, learned Counsel for the Petitioners assures to file usual undertakings of the respective Petitioners in this Court. 6.
These Writ Petitions are disposed of. No costs. [AJIT B. KADETHANKAR, J. ] [ R.G. AVACHAT, J. ] 4 of