Citation : 2025 Latest Caselaw 3589 Bom
Judgement Date : 18 August, 2025
2025:BHC-NAG:8207-DB 51-wp 920-23.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 920 OF 2023
WITH
WRIT PETITION NO. 938 OF 2023
WITH
WRIT PETITION NO. 922 OF 2023
Anjuman Taraqqi E Urdu, Digras and ors. -Vs- The State of Maharashtra and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.Anand Parchure a/w Mr.Nikhil Valesha, counsel for the petitioners
Ms.T.H.Khan, AGP for respondent Nos.1 to 3.
CORAM : ANIL S. KILOR &
MRS.VRUSHALI V. JOSHI, JJ.
DATE : 18th August, 2025
1. A limited issue involved in these three Writ Petitions is for grant of inclusion of names of the petitioners in the Shalarth ID. It is the case of the petitioners that their appointments have been approved and once the approval is granted to the appointment, their names shall be included in the Shalarth ID.
2. The learned counsel appearing for the petitioners has placed reliance upon the order dated 26/02/2025 of this Court in Writ Petition No.3637 of 2024 (Sant Sai Baba Shikshan Sanstha, Vs. The State of Maharashtra and ors.) along with one more Kavita 51-wp 920-23.odt
connected matter. In the said order, this Court has observed as under :
"2. In both these Petitions the orders passed by the Respondent No.2 rejecting the inclusion of the names of the Petitioners in Shalarth ID are being questioned. The rejection as is discernible from the order of the Deputy Director of Education is clause 4 of the Government Resolution dated 01.04.2021 (page 61), however, what is material to note is that the Education Officer by his order dated 21.11.2022 in Writ Petition No.3637/2024 (page 41) and 19.07.2022 in Writ Petition No.3746/2024 (page 27), has already granted approval for transfer of the Petitioners from unaided to aided section of the School run by the same Management.
3. Once the approval has been granted by the Education Officer, which is not disputed, is still in force, the Deputy Director of Education cannot refuse to include the names of the Petitioners in the Shalarth ID for the purpose of disbursing of their salary. In that view of the matter, the impugned orders passed by the Deputy Director of Education are hereby quashed and set aside and it is directed that the names of the Petitioners be included in the Shalarth ID for the purpose of disbursal of their salary and other emoluments.
4. The Petitions are accordingly allowed in the above terms. No costs.
5. Needless to say, that this shall be the position, till such time the order of approval of transfer by the Education Officer of the Petitioners from unaided to aided shall continue to remain in force."
3. The learned Assistant Government Pleader fairly states that the petitioners in these Writ Petitions Kavita 51-wp 920-23.odt
and the petitioners in the above referred Writ Petition No.3637 of 2024 and the other connected matter, are similarly situated. It is argued that now the Government has issued Government Resolution dated 10.06.2022 carving out the modalities for inclusion of the name of the employees in Shalarth ID.
4. Learned Assistant Government Pleader fairly, on verification, makes a statement that though the statement was made to file SLP, no SLP is filed against the judgment and order passed in Writ Petition No.8881 of 2021 (Abhijit Ashok Waje Vs. The State of Maharashtra and ors.) and other connected matters by the State.
5. The learned counsel appearing for the petitioners has pointed out the date of the petitioners as 22.11.2019 for grant of approval.
6. In the circumstances, the present petitions are squarely covered by the order of this Court dated 26.02.2025.
7. In that view of the matter, we allow the Writ Petitions directing the respondents to include the name of the petitioners in the Shalarth ID i.e. for the purpose of disbursement of their salary and other emoluments, if there is no other legal impediment. Needless to mention that other legal impediment does Kavita 51-wp 920-23.odt
not include the Government Resolution dated 10/06/2022.
8. Writ Petitions stand disposed of accordingly.
JUDGE JUDGE
Signed by: Kavita P Tayade
Designation: PSKavita
To Honourable Judge
Date: 20/08/2025 18:45:34
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