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Bombay High Court
Aadim Jati Jamati Bahudeshiya Shikshan ... vs State Of Maharashtra, Through Its ... on 8 December, 2025
Author: Anil Laxman Pansare
Bench: Anil Laxman Pansare
1 2-WP-4003-18-with-connected-matters.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
WRIT PETITION NO.4003 OF 2018
Smt Muktai Bahu-Udeshiya Shikshan Sanstha, Nagpur and ors.
vs.
State of Maharashtra and ors.
WITH
WRIT PETITION NO.1213 OF 2019
WITH
WRIT PETITION NO.2468 OF 2020
WITH
WRIT PETITION NO.4005 OF 2018
WITH
WRIT PETITION NO.4006 OF 2018
WITH
WRIT PETITION NO.4004 OF 2018
WITH
WRIT PETITION NO.4008 OF 2018
WITH
WRIT PETITION NO.4007 OF 2018
WITH
WRIT PETITION NO.4009 OF 2018
WITH
WRIT PETITION NO.6857 OF 2024
WITH
WRIT PETITION NO.6856 OF 2024
WITH
WRIT PETITION NO.7709 OF 2019
WITH
WRIT PETITION NO.7708 OF 2019
WITH
WRIT PETITION NO.7705 OF 2019
WITH
WRIT PETITION NO.7706 OF 2019
WITH
WRIT PETITION NO.7707 OF 2019
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri Anand Parchure, Shri S. N. Shende, Shri G. S. Singh, Advocate h/f Shri S.
P. Bhandarkar, Shri a. D. Mohagaonkar, Advocates for respective petitioners.
Shri N. R. Patil, Assistant Government Pleader for State/respective respondents.
Smt B. P. Maldhure, Shri G. G. Mishra, Shri R. B. Dhore, Shri C. V. Kale, Shri P.
K. Raulkar, Shri S. N. Gaikwad, Advocates for respective respondents.
CORAM : ANIL L. PANSARE AND RAJ D. WAKODE, JJ.
DATED : 8th December, 2025
In response to order dated 14/10/2025, Learned Assistant
Government Pleader has tendered across the bar pursis stating
2 2-WP-4003-18-with-connected-matters.odt
therein that FIR has been lodged against Sunil Dhole, the then in-
charge Superintendent and Senior Clerk of Pay Unit, Zilla Parishad,
Lalit Ramteke, the then Education Officer (Primary), Zilla Parishad,
Nagpur, K. T. Choudhary, the then Education Officer (Primary), Zilla
Parishad, Nagpur and 12 others.
2. The pursis is taken on record.
3. So far as the petition is concerned, heard for some time.
During the course of arguments, our attention is invited to the
judgment passed by this Court in Writ Petition No.2413/2018
wherein on a similar set of facts, the Court held that stoppage of
grant is illegal if approvals were never withdrawn and accordingly
directed the respondents therein to release 100% grant with arrears.
While doing so, the Court made following observations :
* Teachers had been appointed in 2010 and paid regularly till July
2017.
* Stopping salary without withdrawing approval orders was illegal.
* No criminal or departmental action was taken despite allegations of
manipulation.
* Therefore, salary could not be withheld abruptly without due
process.
* Government Resolution dated 19/09/2016 applies only to schools
which had not received 100% grant yet.
* In this case, 100% grant was already sanctioned prior to
19/09/2016. Hence, the Government could not rely on this
Government Resolution to reduce/stop grants.
4. Accordingly, it is argued that the issue involved is fully covered
by the said judgment.
5. Learned Assistant Government Pleader shall go through the
judgment and distinguish the same on this point if at all the
respondents are of the view that the issue involved in the present
petitions is not covered by the aforesaid judgment.
6. List on 16/12/2025.
(Raj D. Wakode, J.) (Anil L. Pansare, J.)
Asmita
Signed by: Smt. Asmita A. Bhandakkar
Designation: PS To Honourable Judge
Date: 09/12/2025 16:35:10
