Heerabai Gaikwad Shikshan Sanstha, Thr. Secretary, Suresh Hiraman Gaikwad And Others v. State Of Maharashtra, Thr. Secretary, Dept. Of School, Education And Sports, Mumbai And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (W) NO. 1100/2026 IN WRIT PETITION NO. 4963/2025 (D) Heerabai Gaikwad Shikshan Sanstha & others ..versus..
State of Maharashtra & others WITH CAW NO. 1110/2026 IN WRIT PETITION NO. 6016/2025 WITH CAW NO. 1102/2026 IN WRIT PETITION NO. 6017/2025, WITH CAW NO. 1104/2026 IN WRIT PETITION NO. 6018/2025, WITH CAW NO. 1113/2026 IN WRIT PETITION NO. 6019/2025, WITH CAW NO. 1105/2026 IN WRIT PETITION NO. 6020/2025, WITH CAW NO. 1111/2026 IN WRIT PETITION NO.6021/2025, WITH CAW NO. 1112/2026 IN WRIT PETITION NO. 6022/2025, WITH CAW NO. 1114/2026 IN WRIT PETITION NO. 6023/2025, WITH CAW NO. 1106/2026 IN WRIT PETITION NO. 6789/2025, WITH CAW NO. 1107/2026 IN WRIT PETITION NO. 6814/2025, WITH CAW NO. 1109/2026 IN WRIT PETITION NO. 6937/2025, WITH CAW NO. 1103/2026 IN WRIT PETITION NO. 7064/2025, WITH CAW NO. 1116/2026 IN WRIT PETITION NO. 7336/2025, WITH CAW NO. 1108/2026 IN WRIT PETITION NO. 8085/2025, WITH CAW NO. 1101/2026 IN WRIT PETITION NO. 8110/2025, AND CAW NO. 1115/2026 IN WRIT PETITION NO. 8113/2025.
●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri N.A. Jachak, Advocate for the Petitioner(s) Ms. S.S. Jachak, Addl. GP for the Respondent/State Shri M.M. Sudame, Sr. Adv a/b Shri S.H. Wasnik, Adv for the Respondent No. 3 CORAM:- M.S. JAWALKAR & NANDESH S. DESHPANDE, JJ. MAY 04, .
This Court, vide its judgment dated 27/04/2026, partly allowed the bunch of Writ Petitions. The impugned show cause notices and the consequential orders thereto were quashed and set aside, so also, direction was issued to the Respondents - Authorities to release the salary of the Petitioners which was stopped since March, 2025. However, it appears that there is no direction regarding the period within which the Respondents should release the arrears of salary and regular salary to the Petitioners.
(2) In view thereof, the present Applications are filed by the Petitioners for grant of issuance of necessary direction to the Respondents to release the withheld salary of the Petitioners within stipulated time period.
(3) Learned Addl. GP relied on the judgment of the Hon'ble Supreme Court in the case of Ajay Kumar Jain vs. State of Uttar Pradesh & another, reported in 2024 SCC OnLine SC 3677. However, in our
considered opinion, we are not reviving any Petition. In the matter before the Hon'ble Supreme Court, the Misc. Applications filed in disposed of Petitions have something to do with the fresh cause of action. These Applications were filed after five to six years before the Hon'ble Apex Court. The only direction which this Court is inclined to issue is with regard to the period within which the Respondents are required to pay the withheld salary of the Petitioners since March, 2025.
(4) Learned Addl. GP sought time to file reply to the present Applications on the ground that the Government is taking policy decision. However, in our considered opinion, judgment is already passed and the Respondents - Authorities are bound to pay the arrears of salary as well as regular salary to the Petitioners as per the direction issued by this Court in Writ Petition No. 6163/2025 and connected Petitions. As such, we do not deem it necessary to adjourn the matter for reply. As time was granted to learned Addl. GP to make a statement as to within which period the Respondents would pay the amount as per the direction, however, no statement is made. Therefore, oral request for reply made by the learned Addl. GP is rejected. (5) As such, we direct the Respondents - Authorities to release the arrears of salary of the Petitioners withheld since March, 2025 within a
period of four weeks from today and continue to pay the regular salary of the Petitioners.
(6) It needs to be noted here that in the judgment passed by this Court in Writ Petition No. 6163/2025 and connected Petitions, directions are already issued to the Respondents - Authorities to release the arrears of salary of the Petitioners as well as the regular salary. So far as the period within which the said amount is to be paid, the same is clarified as above.
(7) With the above direction, the Civil Applications stand disposed of.
(NANDESH S. DESHPANDE, J.) (M.S. JAWALKAR, J.)