1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.2444 OF 2010 1. Saw. Laxmi Bhalchandra Rane, Age 49 years, Occ. Service, working as Assistant Teacher. 2. Saw. Sushila Suresh Salunke, Age 55 years, Occ. Service. 3. Saw. Hemlata Hemant Dhakad, Age 42 years, Occ. Service, Working as Assistant Teacher 4. Saw. Megha Mohan Deware, Age 46 years, Occ. Service, Working as Assistant Teacher 5. Saw. Jayashri Arvind Upasani, Age 50 years, Occ. Service Working as Assistant Teacher 6. Saw. Vasundhara Dasharath Landage, Age 47 years, Occ. Service, Working as Assistant teacher. 7. Shri Madanlal Mulchand Jain, Age 44 years, Occ. Service, Working as Assistant teacher. 8. Saw. Sunita Dilip Patil, Age 41 years, Occ. Service, Working as Assistant Teacher 9. Shri Sanjiv Bansilal Patil, Age 40 years, Occ. Service, Working as Assistant Teacher. 2 10. Shri Sanjay Rangrao Jagtap, Age 40 years, Occ. Service, Working as Assistant Teacher 11. Shri Dinesh Pandharinath Mali, Age 39 years, Occ. Service, Working as Assistant Teacher. 12. Shri Murlidhar Bhukan Magare, Age 41 years, Occ. Service, Working as Assistant Teacher. 13. Smt. Nimbubai Tulashiram Nikam, Age 55 years, Occ. Service, Working as Assistant Teacher. 14. Smt. Rekha Sanjay Wagh, Age 39 years, Occ. Service, Working as Assistant Teacher 15. Shri Sanjay Ramkrishna Sonaje, Age 46 years, Occ. Service, Working as Assistant Teacher 16. Saw. Sayali Shrikant Rao, Age 44 years, Occ. Service, Working as Assistant Teacher 17. Saw. Minakshi Shamkant Wankhede, Age 51 years, Occ. Service, Working as Assistant Teacher 18. Shri Anil Bhimsing Patil Age 40 years, Occ. Service, Working as Assistant Teacher 19. Saw. Sadhana Rajendra Patil, Age 44 years, Occ. Service, Working as Assistant Teacher 3 20. Shri Pandit Devchand Kshirsagar, Age 39 years, Occ. Service, Working as Assistant Teacher 21. Saw. Sandhya Kishor Pingale, Age 59 years, Occ. Service, Working as Assistant Teacher 22. Shri Yogesh Suresh More, Age 38 years, Occ. Service, Working as Assistant Teacher 23. Shri Manoj Pundalik Patil, Age 38 years, Occ. Service, Working as Assistant Teacher 24. Shri Manohar Kautik Patil, Age 35 years, Occ. Service, Working as Assistant Teacher 25. Shri Kishor Baburao Ahirrao, Age 34 years, Occ. Service, Working as Assistant Teacher 26. Shri Deepak Bhagwan Chaudhari, Age 44 years, Occ. Service, Working as Assistant Teacher 27. Shri Ravindra Dhondu Koli, Age 34 years, Occ. Service, Working as Assistant Teacher 28. Saw. Yojana Jitendra Patil, Age 40 years, Occ. Service, Working as Assistant Teacher 29. Shri Swapnil Vasant Patil, Age 36 years, Occ. Service, Working as Assistant Teacher 4 30. Saw. Naina Vijaykumar Sawant, Age 44 years, Occ. Service, Working as Assistant Teacher 31. Shri Mahendra Bhimrao Ramoshe, Age 31 years, Occ. Service, Working as Assistant Teacher 32. Shri Sahebrao Shivram Bari, Age 57 years, Occ. Service, Working as Assistant Teacher 33. Shri Dnyaneshwar Popat Shingane, Age 48 years, Occ. Service, Working as Peon. All r/o C/o Head Master, Sane Guruji Vidhya Mandir, Amalner, Taluka Amalner, District Jalgaon ... PETITIONERS VERSUS 1. The State of Maharashtra, through its Secretary, School Education Department, Mantralaya, Mumbai - 32 (Copy to be served on Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad, 2. The Deputy Director of Education, Nashik Division, Nashik 3. The Education Officer (Primary), Zilla Parishad, Jalgaon. 4. Amalner Shikshan Prasarak Mandal, Amalner, District Jalgaon, through its President. 5 5. The Administrative Officer, Nagar Palika, Amalner, District Jalgaon. ... RESPONDENTS ..... Shri V.D. Sapkal, Advocate for petitioners Shri S.K. Kadam, A.G.P. for respondent Nos.1 and 2 Shri M.S. Sonawane, Advocate for respondent No.3. Shri S.P. Shah, Advocate for respondent No.4 ..... W I T H WRIT PETITION NO.2445 OF 2010 1. Saw. Dipali w/o Dipak Kulkarni, Age 54 years, Occ. Service, working as Head Master, Navin Marathi Shala, Amalner 2. Saw. Mangal Shashikant Joshi, Age 53 years, Occ. Service, Working as Assistant Teacher 3. Saw. Usha Arun Bonde, Age 56 years, Occ. Service, Working as Assistant Teacher 4. Shri Jagatrao Damu Nikumbh, Age 50 years, Occ. Service, Working as Assistant Teacher 5. Saw. Bhagyashri Yashwant Pathak, Age 55 years, Occ. Service, Working as Assistant Teacher 6. Shri Chatu Shankar Thakare, Age 45 years, Occ. Service, Working as Assistant Teacher 6 7. Saw. Mangala B. Sonawane, Age 44 years, Occ. Service, Working as Assistant Teacher 8. Saw. Shashikala w/o Uttam Bhole, Age 53 years, Occ. Service, Working as Assistant Teacher 9. Saw. Wasanti w/o Ravindra Vaidya, Age 51 years, Occ. Service, Working as Assistant Teacher 10. Saw. Kalpana Rajendra Sutar, Age 47 years, Occ. Service, Working as Assistant Teacher 11. Saw. Jyotsna Vinayak Purkar, Age 45 years, Occ. Service, Working as Assistant Teacher 12. Shri Machindra Hilal More, Age 42 years, Occ. Service, Working as Assistant Teacher 13. Saw. Aruna w/o Dattatray Wagh, Age 47 years, Occ. Service, Working as Assistant Teacher 14. Saw. Lalita Shankar Baisane, Age 45 years, Occ. Service, Working as Assistant Teacher 15. Shri Rajendra Eknath Kulkarni, Age 46 years, Occ. Service, Working as Clerk 16. Shri Ratilal Gaidhan Patil, Age 54 years, Occ. Service, Working as Peon 7 All r/o Navin Marathi Shala, Amalner, Taluka Amalner, District Jalgaon. ... PETITIONERS VERSUS 1. The State of Maharashtra, through its Secretary, School Education Department, Mantralaya, Mumbai - 32 (Copy to be served on Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad, 2. The Deputy Director of Education, Nashik Division, Nashik 3. The Education Officer (Primary), Zilla Parishad, Jalgaon. 4. Lokmanya Shikshan Mandal, Amalner, through its President, Dr. Prabhakar Jagannath Joshi, R/o "Dnyanraj", Shrirang Colony, Amalner, District Jalgaon, 5. The Administrative Officer, Nagar Palika, Amalner, District Jalgaon. ... RESPONDENTS ..... Shri V.D. Sapkal, Advocate for petitioners Shri S.K. Tambe, A.G.P. for respondent Nos.1 and 2 Shri M.S. Sonawane, Advocate for respondent No.3. ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 15th June, 2010 8 ORAL JUDGMENT (PER HARDAS, J.) 1. In both these petitions, the relief which is prayed for by the petitioners is similar. In that light of the mater, we deem it appropriate to decide these petitions by this common order. Hence, Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, these petitions are heard finally at the stage of admission. 2. The petitioners, by these petitions, pray for quashing and setting aside the order passed by the Deputy Director of Education, dated 8.12.2009, stopping the grants as well as ordering the recovery of the grants paid to the respondents/ institutes. The petitioners further pray that respondent Nos.1 to 3 and 5 be directed to release the salary grants of Sane Guruji Vidya Mandir, Amalner and Navin Marathi Shala, Amalner respectively. 3. Mr. Sapkal, learned counsel for the petitioners in both these petitions, has tendered before us a copy of the order 9 passed by the Desk Officer of respondent No.1. The aforesaid order is taken on record and marked "X" for the purpose of identification. It is the contention of the learned counsel for the petitioners that the order impugned in the present petitions, dated 8.12.2009 has been set aside by the respondent Government and the Government has held that two schools respectively would be entitled to receive the grants. In that light of the matter, therefore, a submission is urged before us that the petitioners, who are employees, employed in the said schools, would be entitled to be paid their arrears of salary from the salary grants which the institutes would receive. The aforesaid order holding the institutes entitled to be paid the salary grants came to be passed on 26.4.2010. Virtually two months have elapsed since the aforesaid order, but the institutes are yet to receive the grants. 4. In that light of the matter, and since the petitioners have been deprived of their salary since December 2009, we direct the petitioners to submit the appropriate applications through the respondent management. Learned counsel for the respondent management states that the salary bills would be 10 forwarded to the competent authority within two weeks from today. We further direct the respondent No.3 i.e. Education Officer to ensure that in the light of the order passed by the State Government, dated 26.4.2010, the arrears of salary are paid to the petitioners within four weeks of the submission of the salary bills. The respondent No.1 is also directed to ensure that the order dated 26.4.2010 is complied with in all respects i.e. including release of the salary grants. 5. Rule is thus made absolute on the above terms in both the petitions with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)