Bhisbmanarayan S Yadav v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3875 OF 2025 Bhishmanarayan S. Yadav

...Petitioner

Versus

The State of Maharashtra And Ors.

...Respondents

__________ Mr. S. R. Moray a/w Ms. Shivani Suryakant Shinde, Advocates for the Petitioner.

Mr. S. B. Gore, AGP for the State/Respondent No. 1. Mr. Pratik Garde a/w Mrs. Rupali Adhate i/b Ms. Komal Punjabi, Advocates for Respondent No. 2.

Mr. Sagar Amrut Rane, Advocate for Respondent Nos. 5 & 6. __________ CORAM :

RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE :

14th NOVEMBER, 2025.

P.C. :

1.

The contention of the Petitioner is that, he is not paid the salary and honorarium, though he is entitled to. The Petitioner was granted permanent approval. However, in the order of approval as an Assistant Teacher, a rider is attached that he would be entitled for salary from the date of the order of approval, i.e. from 2nd April, 2012. 2.

The Petitioner joined as a Shikshan Sevak on 26th June, 2006 and as an Assistant Teacher from 26th June, 2009. The Petitioner would be entitled to the salary as per the pay-scale from 26th June, 2006. It is

submitted that the said salary has not been paid by the State Government/Management and is paid only from the date of approval, i.e. 2nd April, 2012.

3.

If the Petitioner is appointed on a 100% grant-in-aid post, the Petitioner is entitled to honorarium as Shikshan Sevak for a period of three years and after completion of three years, the salary has to be paid as per the relevant pay-scale of an Assistant Teacher. In the present case, the service of the Petitioner is approved as Assistant Teacher, upon completion of 3 years as Shikshan Sevak.

4.

In view of the above, we conclude that the Petitioner would be entitled to honorarium for the period, the Petitioner's service is approved as Shikshan Sevak and from the date the Petitioner's service is approved as an Assistant Teacher, the Petitioner will be entitled to salary as per the pay scale of an Assistant Teacher. The Respondents shall verify the same and pay honorarium and salary to the Petitioner. If the salary bills are not forwarded by the Institute, the same shall be forwarded within two months from today.

5.

The Education Officer shall process the said salary bills within a period of one month thereafter.

6.

To the extent of the claim for interest, we permit the Petitioner

to file a representation to the competent authority seeking admissible interest which shall be paid to the Petitioner by the competent authority within a period of 60 days from today.

7.

In view of the above directions, this Writ Petition is disposed off. No costs.

[ASHWIN D. BHOBE, J.] [RAVINDRA V. GHUGE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.11.19 12:50:54 +0530 GITALAXMI KRISHNA KOTAWADEKAR