Sayali Ramesh Hirekhan And Others v. State Of Maharashtra, (Thr. Secretary), Dept. Of School Education And Sports Dept., Mumbai And ORS.
2025:BHC-NAG:11292-DB 1 8-WP No.4017.2025+1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4017 OF 2025 Sayali Ramesh Hirekhan and others ..VS.. State of Maharashtra and others WITH WRIT PETITION NO. 3968 OF 2025 Anjum Mohammad Mustaque and another ..VS.. State of Maharashtra and others -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Krishna S. Agrawal, Advocate for Petitioners. Mr. A. S. Fulzele, Addl.G.P. for Respondents Nos.1 to 3 & 7. Mr. Sheikh Majid, Advocate for Respondent No.4. Mr. D. R. Bhoyar, Advocate for Respondent Nos.5 and 6. CORAM : SMT. M.S. JAWALKAR, AND RAJ D. WAKODE, JJ.
DATED : 16 th OCTOBER, 1.
On oral request, leave to add Superintendent, Pay and Provident Fund Unit, Primary Education, Nagpur as party respondent is granted. Amendment to be carried out forthwith.
2.
After amendment is carried out, issue Notice to the newly added Respondent No.7, returnable on 19/11/2025. 3.
Mr. A. S. Fulzele, learned Additional Government Pleader waives service of notice for Respondent No.7. 4.
Heard Mr. Krishna Agrawal, learned Counsel for the Petitioners, Mr. A. S. Fulzele, learned Additional
2 8-WP No.4017.2025+1 Government Pleader for the State, Mr. Sheikh Majid, learned Counsel for Respondent No.4 and Mr. D. R. Bhoyar, learned Counsel for Respondent Nos.5 and 6.
5.
The Petitioners filed this Petition as their salaries are withheld since March 2025 though they are having Shalarth ID and was receiving payment through Shalarth ID. 6.
The contention of the Respondent No.4 is that pay bills are not submitted and therefore, the salary is not drawn. However, learned Counsel for Respondent Nos.5 and 6 placed on record the document across the bar showing Pay Bills were submitted, however they were returned by the Pay Unit directing for compliances of deficiencies. Accordingly, the Headmaster again submitted the same on 3rd May, 2025. In view of this, there is no any authority to stop the salary of the Petitioners. It is not made clear by the Respondent Nos.5 and 6 that whether compliance is made as per direction of the Superintendent of Pay Unit.
7.
The Respondent Nos.5 and 6 are hereby directed to comply with the deficiencies within a period of two weeks, if not complied already and the Superintendent of Pay Unit is directed to release the salary of the Petitioners from March 2025 till date and pay in future in submission of pay bills.
3 8-WP No.4017.2025+1 8.
It is made clear that if there is any inquiry going on in respect of genuineness of Shalarth ID of the Petitioners, the Competent Authority to continue the said inquiry and Headmaster of the school to co-operate the Inquiry Officers by supplying required documents if those are in his possession and if those are not in his possession, it may inform to the Competent Authority.
9.
List the matter on 19/11/2025.
(RAJ D. WAKODE, J.) (SMT. M.S. JAWALKAR, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 18/10/2025 17:12:41