Bombay High Court
Chetan Mohanrao Dhapodkar And Others vs Union Of India Thr. Secretary (Iedss ... on 15 September, 2025
Author: Anil Laxman Pansare
Bench: Anil Laxman Pansare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.3696/2018
(Mrs. Chitra W/O Jagdish Mehar And Others Vs. Union Of India And
Others)
WITH
WRIT PETITION NO.537/2025
(Raju S/o. Balakdas Gajbhiye Vs. Union Of India And Others)
WITH
WRIT PETITION NO.1859/2021
(Hema W/O Manohar Lende Vs. Union Of India And Others)
WITH
WRIT PETITION NO.1861/2021
(Suvarna Ramesh Kumbhare Vs. Union Of India And Others)
WITH
WRIT PETITION NO.1857/2021
(Dilip S/O Tulshiram Kumbhare Vs. Union Of India And Others)
WITH
WRIT PETITION NO.1858/2021
(Bharti Digambarrao Dadwe Vs. Union Of India And Others)
WITH
WRIT PETITION NO.1860/2021
(Vinod S/O Ajabrao Nandekar Vs. Union Of India And Others)
WITH
WRIT PETITION NO.1752/2021
(Shital Manohar Tale And Others Vs. State Of Maharashtra, Thr.
Secretary, Dept. Of School
Education And Sports, Mumbai)
WITH
CONTEMPT PETITION NO.211/2024 AND 358/2023
WITH
WRIT PETITION NO.1856/2021
(Anup s/o Mohanrao Chafale .Vs. Union Of India And Others)
WITH
WRIT PETITION NO.1748/2021
(Tara D/O Gangaram Charbhe Vs. Union Of India And Others)
WITH
WRIT PETITION NO.1698/2021
(Shilpa Shrirampant Mandale Vs. Union Of India and others)
WITH
WRIT PETITION NO.3094/2021
(Shalini Dnyaneshwar Gadge And Others Vs. Union Of India And Others)
WITH
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WRIT PETITION NO.1754/2020
(Shri Vipul Bhaskarrao Raut And Others Vs. Union Of India And others)
WITH
WRIT PETITION NO.1753/2020
(Ku. Sangita Panjabrao Rupanarayan And Others Vs. Union Of India And
Others)
WITH
WRIT PETITION NO.1778/2021 & CONTEMPT PETITION NO.23/2022
(Ghanshyam Vithobaji Guguskar Vs. Union Of India And Others)
WITH
WRIT PETITION NO.3202/2019
(Ms. Archana Wamanrao Borkar (Mrs. Archana Prashant Shingne) And
Another Vs. Union Of India
And Others)
WITH
WRIT PETITION NO.2746/2014
(Ramdas R. Thawre And Others Vs. Union Of India And Others)
WITH
WRIT PETITION NO.8549/2019
(Mrs. Neerja Rajesh Khare And Others Vs. Union Of India And Others)
WITH
WRIT PETITION NO.4228/2017
(Chetan Mohanrao Dhapodkar And Others Vs. Union Of India And
Others)
WITH
WRIT PETITION NO.4844/2022
(Mr. Satish Shankarrao Kale Vs. Union Of India, Thr. Secretary (Idssa
Scheme), Ministry Of Human
Resource Dev. New Delhi)
WITH
WRIT PETITION NO.4654/2022
(Ravindara S/O Devidasji Dhore And Others Vs. Union Of India, Thr.
Secy. (Iedss Scheme) To The
Ministry Of Human Resource Dev., New Delhi And Ors)
WITH
WRIT PETITION NO.4850/2022
(Ajay S/O Manoharrao Gulhane And Others Vs. Union Of India, Thr.
Secy. (Iedss Scheme) To The
Ministry Of Human Resource Dev. New Delhi And Ors)
WITH
WRIT PETITION NO.6012/2024
(Ashish S/o. Harichand Dohare Vs. Union of India thr. Secretary,
Ministry of Home Research
Development & Ors.)
WITH
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WRIT PETITION NO.3717/2021 & CONTEMPT PETITION NO.146/2024
(Smt. Kavita Vishwanath Choudhary And Another Vs. Union Of India,
Thr. Its Secretary (Iedss
Scheme), Ministry Of Home Research Development, New Delhi)
WITH
WRIT PETITION NO.6006/2024
(Bhumita D/o. Purushottam Gaikwad @ Bhumita W/o. Vilas Gahane Vs.
Union of India thr.
Secretary, Ministry of Home Research Development & Ors.)
WITH
WRIT PETITION NO.6011/2024
(Chandrashekhar S/o. Gajanan Vs. Union of India thr. Secretary, Ministry
of Home Research
Development & Ors.)
WITH
WRIT PETITION NO.4682/2015
(Mr. Rajesh S/O Deorajoji Kandalkar And Others Vs. The State Govt.
Through Its Principal Secty.,
Education Deptt., Mumbai And Others)
WITH
WRIT PETITION NO.8508/2019
(Mr. Prashant Laxmanrao Bhalerao And Others Vs. Union Of India,
Through Its Secretary, (Idssa
Scheme), Hrd Ministry, New Delhi And 3 Others)
WITH
WRIT PETITION NO.5143/2018
(Rajendra Vitthalrao Bagade And Others Vs. Union Of India, Thr. Its
Secretary, (Idssa Scheme), Hrd
Ministry, New Delhi And Others)
WITH
WRIT PETITION NO.6657/2022
(Abhinandan S/O. Pandurang Gawai And Others Vs. Union Of India, Thr.
Secy. (Iedss Scheme) To
The Ministry Of H. R. Devpt. New Delhi And Ors)
WITH
WRIT PETITION NO.7855/2017
Yuvraj S/O Shravanji Chore And Others Vs. The Union Of India, Thr.
Ministry Of Human
Resources Devl. New Delhi Thr. Chief Secretary And Other)
WITH
WRIT PETITION NO.8159/2017
(Mangesh Janardhan Kawadapure And Others Vs. The Union Of India,
Thr. Ministry Of Human
Resources Devl. New Delhi Thr. Chief Secretary And Other)
WITH
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WRIT PETITION NO.7854/2017
(Bandu S/O Rajaram Kubade And Others Vs. The Union Of India, Thr.
Ministry Of Human
Resources Development, New Delhi Thr. Chief Sec. And Others)
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri Anand Purchare, Mr. Anshu Deshpande, Shri P.S. Wathore, Dr.
Renuka S. Sirpurkar, Ms. U.R. Tanna, Shri A.A. Choube, Mr. U.J.
Deshpande, Advocates for the petitioners in respective petitions.
Mr. Anand Parchure, Advocate for the Petitioners in respective
petitions.
Mrs. Kalyani Marpakwar, AGP for the Respondent/State in respective
petitions.
Mrs. Mugdha Chandurkar, Advocate for Union of India in respective petitions (through V.C.) Mrs. Meghna Munshi, Advocate for the Respondent in WP No.3696/2018, respondent No.1 in WP No.1748/2021, respondent Nos.1, 6 and 7 in WP No.4654/2022, respondent No.10 in WP No.4850/2022, respondent No.1 in WP No.8508/2019, respondent No.1 in WP No.6657/2022.
Mr. Pavan Raulkar, Advocate for respondent No.4 in WP Nos.1752/2021, and respondent No.6 in WP No.1748/2021. Mrs. B.P. Maldhure, Advocate for respondent No.6 in WP No.1859/2021, 1861/2021, WP No.1858/2021, WP No.1860/2021, WP No.1856/2021, WP No.1778/2021, respondent No.7 in WP No.4654/2022.
Mr. G.S. Sengar, Advocate for respondent Nos.6 and 7 in WP No.1698/2021.
Ms. S.N. Deshpande, Advocate for respondent in WP No.1754/2020, WP No.1753/2020.
CORAM : ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ DATED : 15/09/2025.
1. In compliance to order dated 08/09/2025, Ms Nilima Rameshrao Takey, Deputy Director, Amravati, Ms Madhuri Govindrao Sawarkar, Deputy Director, Nagpur, rkn 5 wp3696.2018.odt are present. Mr Ranjitsingh Deol, Principal Secretary, School Education and Sports Department is also present through Video Conferencing. The Director (Primary of Commissionerate of Private Education) is absent. Learned AGP submits that he has undergone surgery and is admitted in hospital. His presence is accordingly exempted.
2. Heard for some time. Learned counsel for the petitioner submits that vide common order dated 28/04/2022 passed in various writ petitions, one of which is Writ Petition No. 4682 of 2015, the Court considered previous orders and noted that despite several orders, salary is not forthcoming from State of Maharashtra. Accordingly as an interim relief, the respondents were directed to pay Rs. 75,000/- per month w.e.f. 01/04/2022 till disposal of the petition.
3. Considering the previous conduct of the Officers of the respondent, the Court had placed responsibility of compliance of order upon respondent No.2 in the following manner :-
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16. Accordingly, by way of interim order in these petitions, we direct:
(i) That the Respondent State of Maharashtra will forthwith pay to each of the Petitioners Rs.75,000/-
(rupees seventy-five thousand) per month as an ad hoc payment subject to further orders, adjustment etc, commencing from 1 April 2022 on every 15 th day of the month till further orders. The amount shall be credited directly in the accounts of the Petitioners.
(ii) We place the responsibility of ensuring compliance of this order is on Mr. Ranjit Singh Deol, as the Secretary, School Education and Sports Department, Mantralaya, Mumbai.
(iii) If the incumbent Secretary is changed, the Respondent State Government will file an affidavit placing the name of the Secretary on record, who would then be responsible for ensuring compliance.
(iv) Registry of this Court and Office of Government Pleader will ensure that this order is placed before Mr. Ranjit Singh Deol, the Secretary of the School Education and Sports Department, personally and his acknowledgement is obtained on the notice to be returned to the court and kept in the file of this cases..
(v) We trust that Mr. Deol, the Secretary and his successor, if any, as Secretary of the School Education and Sports Department will ensure compliance with this order so as to avoid any action in contempt jurisdiction of this Court.
4. As could be seen Mr Ranjit Singh Deol, Secretary School Education and Sports Department, Mantralaya, Mumbai (Respondent No.2 herein) was rkn 7 wp3696.2018.odt entrusted with the responsibility to ensure compliance of the order.
5. Accordingly, an inquiry was made with learned AGP as to whether the amount of Rs. 75,000/- is being paid to the petitioners w.e.f. 01/04/2022 and whether the amount is paid on 15th day of respective months. Learned AGP submits that barring few exceptions, the order has been complied with. When inquired as to what does exception mean, she states that in some cases the payment was not paid for couple of months.
6. If the statement of learned AGP is accepted, even then the respondent No.2 would carry a blame of non- compliance of order because the order stipulates that on every 15th day of month payment of salary of Rs. 75,000/- was to be made to the respective petitioner.
7. At this stage, learned counsel for the petitioner in Writ Petition No. 4682 of 2015 submits that petitioner No.4 - Ku. Sangheeta d/o Janrao Wakekar did not receive salary from October-2024.
8. Learned AGP seeks a weeks' time to verify the statement. Time granted. However, if it is found that order rkn 8 wp3696.2018.odt has been not complied with, we intend to withhold the salary of respondent No.2 until the aforesaid order as also other such orders, of which compliance was expected, is complied with.
9. During the further course of hearing, learned AGP made a statement that, the petitioners who were found eligible have been absorbed in service.
10. Considering the aforesaid submission as also previous order, we deem it appropriate to direct the learned AGP to place on record chart showing the petitioners who according to respondents are eligible for absorption in service, so also for payment of salary in appropriate pay scale.
11. The respondent shall also place on record separate chart giving details of the names of the petitioners and the reasons why those petitioners were not found eligible for absorption.
12. It further transpired that the State Government took a stand that petitioners are entitled for salary at Rs. 25,000/-. Learned AGP submits that Central Government has capped the salary at such rate. She further submits rkn 9 wp3696.2018.odt that the Central and State Government are contributing 60% and 40% to pay salary at Rs. 25,000/-.
13. In this context, we called upon learned AGP to show us the document by which the salary of the Special Teacher i.e. petitioners is capped at Rs. 25,000/-.
14. Learned AGP has invited our attention to page No. 1257. The heading of the document is "Draft document". Clause-IV refers to Salary of Teachers. The remark about the salary is in the last column, which reads as under :-
"Salary structure will be determined by the State Norms for Salaries"
Salary Structure will be determined by the State norms for salaries. The Central share under the Scheme for teachers' salaries will be restricted as per the prevalent fund sharing pattern based on the financial norms given below:
a. Primary Teachers: up to Rs. 15000 per month. b. Upper Primary teachers : upto Rs. 20000 per month. c. For secondary teachers : upto Rs. 25,000 per month. d. Head Teachers: upto Rs. 25000 per month. e. Head Master/Principal: upto Rs. 30000/- per month. f. Part time teachers (for Arts, Physical & Health Education & Work education): up to Rs. 7000 per month.
In case of a composite school, the Head Teacher of the senior most level will be in-charge of the whole school.
15. As could be seen, the salary structure has to be determined by the State as per Norms. It would, thus, mean that salary of Special Teacher will be determined in rkn 10 wp3696.2018.odt terms of State Norms. What is capped is that contribution of the Central Government and for secondary teacher as also called for Head Teachers, the cap is at Rs. 25,000/- per month.
16. Thus, the document indicates that respondents were duty bound to determine the salary of the petitioners as per State norms and then to seek contribution of the Central Government as stipulated in the said document. The Respondent/State has, however, read this document to infer that the salary of petitioners is capped at Rs. 25,000/-. Such an understanding of an officer of the rank of secretary would only indicate his inability to read a document containing plane and simple language. We did not find any complex statement in the document.
17. Unfortunate the aforesaid status of capped salary is continued for last 7 years, for no fault of the petitioner, resulting into one petitioner committing suicide by hanging himself for financial crunch. For such negligent conduct, we are inclined to compensate the family of the said teacher, which we will do in due course. rkn 11 wp3696.2018.odt For the time being, we grant yet another opportunity to the respondents to correct themselves and come up with a statement, as to what steps they intend to adopt as regards the petitioners, who are otherwise a Special Teachers and are engaged to impart education to Children with Special Need (CwSN).
18. We also take note of the judgment passed by the Supreme court in Rajneesh Kumar Pandey and others Vs Union of India and others in Writ Petition(s) (Civil) No(s) 132/2016 dated 28/10/2021. In operative portion of the judgment, following directions were given:-
"57. In view of the above, a multipronged approach needs to be adopted by the concerned Authorities with immediate effect, inter alia, as follows:
A. The Central Government must forthwith notify the norms and standards of pupilteacher ratio for special schools and also separate norms for special teachers who alone can impart education and training to CwSN in the general schools; and until such time, as a stopgap arrangement adopt the recommendations made by the State Commissioner, NCT of Delhi in the case of Ms. Reshma Parveen reproduced in paragraph 51 above;
B. To create commensurate permanent posts as per the just ratio to be specified by the competent authority for the rehabilitation professionals/special teachers who can cater to the needs of CwSN;
rkn 12 wp3696.2018.odt C. To initiate appointment process to fillin vacancies for the posts so created for rehabilitation professionals/special teachers for being appointed on regular basis. The same shall be completed within six months from the date of this order or before the commencement of academic year 2022 2023, whichever is earlier;
D. To overcome the shortage of resource persons (rehabilitation professionals/special trained teachers), the training schools/institutions must take steps to augment the number whilst ensuring that the norms and standards specified under the governing laws and regulations including that of the Council for grant of recognition and registration are fulfilled; E. Until sufficient number of special teachers becomes available for general schools and special schools, the services of special trained teachers can be availed as itinerant teachers as per the SSS within the school block (cluster schools) to optimize the resource persons and as a stopgap arrangement; F. The other teachers and staff in the general schools be given compulsory training and sensitized to handle the CwSN in the general schools, if admitted; and G. The authorities may also explore the possibility of merging unviable special schools with relatively viable special schools in the neighbourhood, so as to entail in consolidation of assets and resources for better delivery to the requirements of CwSN.
19. The operative portion indicates that the State Government shall make appointment of special teachers within six months and to ensure requirement of CwSN is met, in a given case by imparting training to the teachers rkn 13 wp3696.2018.odt until sufficient numbers of Special Teachers become available.
20. The respondent while dealing with the petitioners who according to them are not eligible should keep in mind the scheme envisaged in the Special Code dealing with extension of facilities to CwSN .
21. We expect such approach from the respondents, nay, they are under obligation to do so. The Respondent/State shall accordingly putforth the corrective measures that will be taken where the petitioners, who are lacking requisite qualification, which otherwise can be acquired in due course.
22. The copy of the chart shall be served to other side by 1st October, 2025.
23. List the writ petitions at the end of the Board on 09/10/2025.
(SIDDHESHWAR S. THOMBRE, J.) (ANIL. L. PANSARE, J.) rkn