YOGESH CHANDRAKANT GAWALI AND ORS vs THE STATE OF MAHARASHTRA THROU. THE SEC. SCHOOL EDUCATION DEPT AND ORS

2026:BHC-AS:10003-DB
904.AS.WP.6225.2025&WP.4956.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
VINA
ARVIND
KHADPE
Date:
2026.02.27
10:21:29
+0530
VINA
ARVIND
KHADPE
WRIT PETITION NO. 6225 OF 2025
1. Mr. Yogesh Chandrakant Gawali
Age: 32 years, Occ: Service,
2. Mr. Sharmin Mosin Patel
Age: 31 years, Occ: Service,
3. Mr. Vijay Vitthal Potekar
Age: 31 years, Occ: Service,
4. Mr. Sangram Laxman Mohite
Age: 33 years, Occ: Service,
5. Mrs. Priyanka Rohit Ingale
Age: 32 years, Occ: Service,
6. Mr. Dattatraya Kkoli
Age: 31 years, Occ: Service,
7. Mr. Rahul Nana More
Age: 31 years, Occ: Service,
8. Mrs. Priyanka Sudhir Patil
Age: 41 years, Occ: Service,
9. Mr. Rohit Pandurang Saravade
Age: 28 years, Occ: Service,
10. Mrs. Puja Arjun Sidam
Age: 38 years, Occ: Service,
11. Mrs. Pranoti Ashok Nikam
Age: 33 years, Occ: Service,
12. Mr. Rushikesh Dinkar Gawali
Age: 26 years, Occ: Service,
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13. Mr. Gopal Dhansing Daberao
Age: 30 years, Occ: Service,
14. Mr. Anant Suresh Bhagat
Age: 28 years, Occ: Service,
15. Mr. Varun Shalikram Gawai
Age: 35 years, Occ: Service,
16. Mrs. Priya Bhaskar Mali
Age: 26 years, Occ: Service,
17. Mrs. Vaishali Ashok Vaidya
Age: 31 years, Occ: Service,
18. Mr. Bhavesh Hiralal Khairnar
Age: 28 years, Occ: Service,
19. Mrs. Vidya Shivaji Zinjurke
Age: 27 years, Occ: Service,
20. Mrs. Yojana Vijayakumar Bhagwat
Age: 29 years, Occ: Service,
21. Mrs. Ashwini Shantaram Patil
Age: 30 years, Occ: Service,
22. Mrs. Arti Nagnath Sarkale
Age: 28 years, Occ: Service,
23. Mrs. Fiza Aslam Shaikh
Age: 26 years, Occ: Service,
24. Mr. Jeevan Sadashiv Mane
Age: 31 years, Occ: Service,
25. Mrs. Bhagyashree Devidas Bedre
Age: 29 years, Occ: Service,
26. Mr. Raju Dattatray Patil
Age: 49 years, Occ: Service,
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All working as Assistant Teachers
in the Secondary Schools of Pimpri-Chinchwad
Municipal Corporation, Pune. ….Petitioners
Versus
1. The State of Maharashtra,
Through the Secretary,
School Education Department,
Mantralaya, Mumbai - 400 032.
2. Pimpri-Chinchwad
Municipal Corporation, Pimpri, Pune,
Through its Commissioner.
3. Education Officer (Secondary School,
Pimpri-Chinchwad
Municipal Corporation,
Pimpri, Pune, ….Respondents
WITH
WRIT PETITION NO. 4956 OF 2025
1. Hrishikesh Babasaheb Gholve,
Aged 27 Yrs, Occ. Service,
2. Ashish Ashok Mirokhe,
Aged 34 Yrs, Occ. Service,
3. Tejaswini Vishweshwar Chaudhari,
Aged 34 Yrs, Occ. Service,
4. Sampada Vasantrao Nirmal,
Aged 30 Yrs, Occ. Service,
5. Snehal Anil Bhosale,
Aged 34 Yrs, Occ. Service,
6. Saurabh Suresh Gajbhiye,
Aged 28 Yrs, Occ. Service,
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7. Harshala Shankarrao Kalambe,
Aged 26 Yrs, Occ. Service,
8. Santosh Vyankati Kapale,
Aged 30 Yrs, Occ. Service,
9. Snehal Abhay Babhulgaonkar,
Aged 32 Yrs, Occ. Service,
10. Aparna Ravindra Chincholkar,
Aged 30 Yrs, Occ. Service,
11. Pranay Chandrashan Dhande,
Aged 27 Yrs, Occ. Service,
12. Dinesh Popat Raut,
Aged 28 Yrs, Occ. Service,
13. Kaveri Subhash Gore,
Aged 28 Yrs, Occ. Service
14. Bhagyashri Vishnu Chopade,
Aged 27 Yrs, Occ. Service
15. Suhas Krushnarao Khandwe.
Aged 35 Yrs, Occ. Service,
16. Ashwini Arjun Salunke,
Aged 28 Yrs, Occ. Service,
17. Mahesh Babanrao Pawar,
Aged 40 Yrs, Occ. Service,
18. Ashwini Rajendra Dangat,
Aged 33 Yrs, Occ. Service,
19. Manoj Arjun Raut,
Aged 29 Yrs, Occ. Service,
20. Smt. Komal Ashok Jagadeo,
Aged 41 Yrs, Occ. Service,
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21. Supriya Diliprao Birajdar
[Supriya Hemant Shinde],
Aged 36 Yrs, Occ. Service,
22. Ajit Ashok Mundhe,
Aged 31 Yrs, Occ. Service,
23. Shashikant Jibhau Chavan,
Aged 30 Yrs, Occ. Service,
24. Akshata Anil Bangar,
Aged 27 Yrs, Occ. Service,
25. Anand Dadaji Bhimte,
Aged 48 Yrs, Occ. Service,
All working as Assistant Teachers
in the Secondary Schools of
Pimpri-Chinchwad Municipal
Corporation, Pune. ….Petitioners
Versus
1. The State of Maharashtra,
Through the Secretary,
School Education Department,
Mantralaya, Mumbai - 400 032.
2. Pimpri-Chinchwad Municipal
Corporation, Pimpri, Pune,
Through its Commissioner. ….Respondents
----
In WP No. 6225 of 2025
Mr. Uday Warunjikar a/w Mr. Sumit Kate & Mr. Jenish Jain, for the
Petitioners.
Mr. Rohit Sakhdeo, for the Respondent Nos. 2 and 3.
Mr. P. P. Kakade, Addl. GP. a/w. Ms. P. N. Diwan, AGP for the State.
In WP No. 4956.2025
Mr. Narendra V. Bandiwadekar (Senior Advocate), Mr. Vinayak R.
Kumbhar, Mr. Rajendra B. Khaire, Mr. Aniket S. Phapale i/b. Ms.
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Ashwini Bandiwadekar.
Mr. P. P. Kakade, Addl. GP. a/w. Ms. Priyanka Chavan, AGP for the
State.
Mr. Rohit Sakhdeo, for Respondent No. 2.
Ms. Sangita Bangar, Education Officer, Secondary Education
Department, Pimpri Chinhwad Municipal Corporation, present in
Court Hall.
----
CORAM : RAVINDRA V. GHUGE &
ABHAY J. MANTRI, JJ.
th
DATE : 18 FEBRUARY, 2026
ORAL JUDGMENT (PER : RAVINDRA V. GHUGE, J.)
1. Rule. Rule made returnable forth with and heard
finally by the consent of the parties.
2. All these Petitioners are identically placed. In the First
Petition, the Petitioners have put forth their Prayers below
Paragraph No. 14, Clauses (A) & (C), which read as under :
A) This Hon'ble High Court be pleased to issue Writ
in the nature of Mandamus or any other Writ
order or direction to the respondent no. 2 to issue
to the Petitioners the order of appointment as Full
Time Assistant Teachers on un-aided basis in its
Secondary Schools with effect from 21.6.2024, in
place of the order dated 20.6.2024 [EXH-C],
whereby the Petitioners are appointed as Shikshan
Sevaks on payment of monthly honorarium, and
accordingly the Respondent No. 2 may be
directed to pay the differential salary to the
Petitioners, from the said date of appointment,
deducting the amount of Rs.18,000/- per month
paid to the Petitioners as monthly honorarium,
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with all arrears.
C) By a suitable writ, order or direction, this Hon'ble
Court may be pleased to hold and declare that
since the Petitioners had applied and they were
selected and recommended for appointment as
Assistant Teachers on un-aided basis in the
Secondary Schools of the Respondent No. 2
Corporation, that the Petitioners were and are
entitled to be appointed as Assistant Teachers in
Pay Matrix and not as Shikshan Sevaks on
monthly honorarium, and accordingly the
Respondent No. 2 may be directed to issue the
appointment order to the Petitioners as Assistant
Teachers in Pay Matrix with effect from
21.6.2024, in place of the appointment given to
the Petitioners as Shikshan Sevaks on monthly
honorarium under the order dated 20.6.2024
[EXH-C], with all consequential benefits
including the payment of the differential amount
of salary after deducting the monthly honorarium
paid to them during the intervening period.
3. In the Second Petition, the Petitioners have put forth
their Prayers below Paragraph No. 14, at Clauses (B) & (C) which
read as under :
B) By a suitable writ, order or direction, this Hon'ble
Court may be pleased to direct the Respondent
No. 2 to issue to the Petitioners the order of
appointment as Full Time Assistant Teachers on
un-aided basis in its Secondary Schools with
effect from 21.6.2024, in place of the order dated
20.6.2024 [EXH-C], whereby the Petitioners are
appointed as Shikshan Sevaks on payment of
monthly honorarium, and accordingly the
Respondent No. 2 may be directed to pay the
differential salary to the Petitioners, from the said
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date of appointment, deducting the amount of
Rs.18,000/- per month paid to the Petitioners as
monthly honorarium, with all arrears.
C) By a suitable writ, order or direction, this Hon'ble
Court may be pleased to hold and declare that
since the Petitioners had applied and they were
selected and recommended for appointment as
Assistant Teachers on un-aided basis in the
Secondary Schools of the Respondent No. 2
Corporation, that the Petitioners were and are
entitled to be appointed as Assistant Teachers in
Pay Matrix and not as Shikshan Sevaks on
monthly honorarium, and accordingly the
Respondent No. 2 may be directed to issue the
appointment order to the Petitioners as Assistant
Teachers in Pay Matrix with effect from
21.6.2024, in place of the appointment given to
the Petitioners as Shikshan Sevaks on monthly
honorarium under the order dated 20.6.2024
[EXH-C], with all consequential benefits
including the payment of the differential amount
of salary after deducting the monthly honorarium
paid to them during the intervening period.
4. The Petitioners are aggrieved by the act of the
Corporation in appointing them as Shikshan Sevak on a
consolidated honorarium of Rs. 18,000/- per month, though they
were selected as Assistant Teachers on specific pay scales in the
unaided establishment, after they had cleared the Teachers’ Aptitude
and Intelligence Test (TAIT).
5. All these Petitioners are graduates with B.Ed.
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qualifications. This is the requisite qualification for being appointed
as an Asst Teacher. The learned Senior Advocate for the Petitioners
contends that, since they were to impart education to students of the
th th
9 and 10 Standards, the TET requirement is not applicable to
them. All of them have passed the TAIT and, therefore, were entitled
to appointment after completing their self-verification through the
Pavitra Portal, without the necessity of an interview.
6. It is undisputed that candidates appointed in aided
establishments are initially appointed as Shikshan Sevak on a
consolidated honorarium of Rs.18,000/- per month. Candidates
appointed in the unaided establishments of private schools, are
entitled to the pay scale prescribed in law, to be paid by the
employer. In the present case, the employer is the Municipal
Corporation.
7. An advertisement dated 23.01.2024, titled Pavitra
Pranali dwaare Shikshak Bharti Jahirat without interviews
(meaning; Selection through the Pavitra Portal without interviews),
was published for recruitment. The establishment for which the
advertisement was issued is mentioned as the ‘Pimpri Chinchwad
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Municipal Corporation (Secondary / Higher Secondary) - without
interview’. It is undisputed that the selection of these candidates was
made in accordance with their acquired qualifications and the
requisite eligibility criteria.
8. The Petitioners were considered through the Pavitra
Pranali Recruitment Process, having cleared the TAIT, for
appointment in Marathi medium schools for various subjects
mentioned in the advertisement. Each of them was considered for
the post of Graduate Teacher, for imparting education to the students

from Standards 9 and 10.
9. The School Education and Sports Department,
Government of Maharashtra, published the Select List dated
25.02.2024, under the Pavitra Teacher Recruitment Process
(Without Interview) – TAIT 2022, for the Pimpri Chinchwad
Municipal Corporation. The subject-wise details of the posts
advertised and the candidates eligible for recommendation, along
with the cut-off marks, are reflected in the said Select List.
10. The General Merit List for the Marathi medium,
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pertaining to teachers imparting education to students of Standards
th th
9 and 10 , is placed on record. The names of the individual
Petitioners are pointed out to us in the compilation of the General
Merit List, which forms a part of the Petition paper book. There is
no dispute and indeed, the Corporation cannot dispute, the inclusion
of each of these Petitioners in the list, along with their respective
details such as date of birth, TAIT marks, preference number, post
(aid type), subject type, teaching medium, caste category, disability
type, and other categories such as orphan status or reserved
category.
11. It is undisputed that in the sixth column, which pertains
to the post (aid type), the names of all these Petitioners are shown
under the unaided section, with the pay scale of S-14, corresponding
th
to the 7 Pay Commission, in the pay band of Rs. 38,600/- – Rs.
1,22,800. Each of them has been selected for appointment as a
th th
Graduate Teacher for Standards 9 and 10 .
12. It is in the above backdrop that we proceed to consider
the reasons for which these Petitioners have invoked our Writ
Jurisdiction under Article 226, seeking the issuance of a Writ of
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Mandamus.
13. After these Petitioners were selected and the General
Merit List was published, indicating their serial numbers, posts,
subjects, pay scales, and other particulars, they were appointed on
20.06.2024. The appointment orders of the Petitioners, which form a
part of the record before us, are a part of a common order. In the
said common appointment order, it is stated that they are appointed
as Shikshan Sevak with a monthly honorarium of Rs. 18,000/- and
that they shall serve as Shikshan Sevak for a period of three years.
On the very next day, i.e., 21.06.2024, the Petitioners addressed
representations to the Commissioner, stating that they had been
selected as Assistant Teachers, but were shown as Shikshan Sevak in
the appointment orders. They expressed an apprehension that this
may be a mistake, as several other candidates were selected as
Shikshan Sevak. Upon being informed by the Corporation that there
was no error in their appointment orders and that they had been
rightly appointed as Shikshan Sevak, that the Petitioners have
approached this Court.
14. The Petitioners have placed on record a Government
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Resolution dated 26.04.2006, which indicates that the scheme of
appointment as Shikshan Sevak is applicable to 100% grant-in-aid
and approved Secondary and Higher Secondary Schools, Colleges
of Education, and Military Schools. Establishments operated on an
unaided basis (0% grant-in-aid) or partially aided, are not covered
under the Shikshan Sevak Scheme. In such schools, only Assistant
Teachers can be appointed in a particular pay band.
15. The learned Senior Advocate, Mr. Bandiwadekar, has
drawn our attention to the Government Resolution dated
13.10.2000, which applies to Secondary and Higher Secondary
Schools receiving grants-in-aid, to which the Shikshan Sevak
Scheme is made applicable. The said Government Resolution reads
as under :
केंद्रशासनाने सर्व  राज्यांशी चचा करुन सर्व  शिशक्षा अशि  यान हो
योजना तयार केली आहे. या योजनेच्या प्रारुप आराखड्यात
माध्यमिमक शिशक्षकांच्या पदांचे मिनर्धाा रण र्व मिनमशिशक्षकांची (Para
Teachers)
मिनयुक्ती या मुद्यासंदात खालीलप्रमाणे नमूद केले
आहे:-
While agreeing that the of teachers must be
respectable in order that their position in society is
respected, it must also be realized that the choice,
in the interim period, is between no teacher and a
teacher being paid a substantial emolument but
not necessarily full pay-scale. Here also, a
provision may be made by the concerned States
not to dilute schooling and two years of training
before they are considered for any regular pay
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scale appointment. It will be up to the States to
develop a framework for appointment of teachers
within the guidelines of the National Council of
Teacher Education. The States may also like to
define the duration of the interim period as
regards appointment of teachers on a lump sum
emolument in the light of clear judicial
pronouncements in the matter in Gujarat and
Madhya Pradesh States.
16. The Assistant Commissioner, Secondary Education
Division, Pimpri Chinchwad Municipal Corporation, addressed a
letter dated 28.04.2025 to the Deputy Director of Education, Pune
Division, seeking guidance on whether candidates selected through
the TAIT for the posts of Assistant Teachers with pay scales, should
be appointed on the said pay scales or on a stipend. In response, the
Deputy Director of Education, Pune Division (Pune–01), issued a
communication dated 02.09.2025.
17. Mr. Bandiwadekar and Mr. Warunjikar then drew our
attention to the said communication dated 02.09.2025, addressed by
the Deputy Director of Education, Pune Division (Pune–01), to the
Divisional Deputy Director of Education, Pune, wherein it is stated
that the Shikshan Sevak Scheme is not applicable to the Pimpri
Chinchwad Municipal Corporation. It further clarifies that the
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Shikshan Sevak Scheme is applicable only to establishments that are
100% grant-in-aid and not to schools that receive no grants (fully
unaided or partially aided), where Assistant Teachers are required to
be appointed.
18. The learned Advocate for the Municipal Corporation
has referred to the Affidavit-in-Reply dated 16.09.2025, filed on
behalf of the Corporation through Ms. Sangita Baban Bangar,
Education Officer (Secondary), Pimpri Chinchwad Municipal
Corporation, and has strenuously opposed these Petitions through
his detailed submissions canvassed yesterday, as well as today. He
submits that no injustice has been caused to the Petitioners. They
have been appointed as Shikshan Sevaks, and as per Clause (6) of
the appointment order on record, these candidates would be eligible
for appointment as Assistant Teachers upon satisfactory completion
of three years’ probation as Shikshan Sevaks, during which they
would draw a monthly honorarium of Rs. 18,000/-.
19. He has drawn our attention to Paragraph Nos. 4, 5, 7, 8,
9, and 11, which read as under :
4. Firstly, the Petition is not maintainable on the
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ground of waiver. The appointment order dated
20/06/2024 clearly mentions the word Shikshan
Sevak. It further mentions that, the appointees
will have to submit indemnity as per Government
Resolution. The same is clearly mentioned in
clause No.7 of the appointment order. Clause
No.9 clearly states that, they will be given
consolidated honorarium of Rs. 18,000/- as
ShikshanSevak. The Petitioner's have accepted the
said order. Hereto marked and annexed as Exhibit
R-1 is the copy of Affidavit / indemnity bong
dated 27/06/2024given by Petitioner No.1. Hence,
after accepting the appointment order, the
Petitioner cannot claim the prayers mentioned
herein. The reasons mentioned in the Petition for
accepting such an appointment cannot be legally
sustain since the Petitioners have deemed to have
waived their rights by accepting the appointment
order. On these preliminary ground itself the
Petition deserves to be dismissed.
5. I say that, GR dated 13/10/2000 issued the School
Education Department, Government of
Maharashtra is very relevant including clause
No.6 thereof. Hereto annexed and marked as
Exhibit R-2 is the copy of GR dated 13/10/2000.
7. There is another relevant GR dated 7/02/2019 by
the Government of Maharashtra. The said GR
dated 7/02/2019 mentions about recruitment of
Shikshan Sevak. Hence, in present case PCMC
has followed the said G.R and it is applicable to
shikhan sevaks. Hereto annexed and marked as
Exhibit R-3 is the copy of GR dated 7/02/2019.In
view of clause 13 of said G.R., the same does not
exclude schools falling under control of
Municipal Corporation/s. Other relevant clauses is
no.6.1 and clause 12.
8. GR dated 7/02/2019 by the Government of
Maharashtra. The said GR dated 7/02/2019
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mentions about recruitment of Shikshan Sevak.
Cluse no.-7as per the government decision of all
the post in primary /secondary/higher secondary
school including local self bodies (p.c.m.c is a
local bodies) in the state have been filled on the
basis of the marks in aptitude and intelligence test
as mentioned above.
Clause no. 5.7 the candidates will give separate
priority for the vacant posts of shikshan sevak in
local self organization.
Clause no. 5.8 declares selection for local
bodies(p.c.m.c is a local self bodies) candidates
give their preference of post of shikshan sevak.
Clause no. 5.10 the concerned education
institution verifies the documents of the
candidates before joining post of shikshansevak of
education department.
Clause no. 5.18 according to this government
decision, the appointment of shikshan sevaks will
be mandatory and there will be no need for
personal approval or no objection certificate.
Clause no. 6.1 the tenure of the shikshan sevak
appointed in the local self body(pcme local self
body) will be 3 years
9. I say that letter dated 02/09/2025 of Deputy
Director Of Education Department, Pune Division
mentions that the scheme shikshansevak which is
mentioned in government resolution and letters
mentioned from serial number 4 to 9 in said
communication has been started in 100% grant in
aid secondary school/higher secondary/junior
collages/adhyapak vidyalaye & military schools.
It is mentioned that this scheme is not applicable
in un-aided or partially aided school and the
appointments on post of assistant teacher posts in
these school will be on regular basis, therefore
such teachers are eligible for a regular salary.
However it is to be noted that this communication
does not mention local body operated schools as
regards shikshansevak issue. Hereto annexed as
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Exhibit R-4 is the copy of communication dated
02/09/2025 by Deputy Director Of Education
Pune Division. Hence the said communication
cannot be said to entitle the petitioners for seeking
the reliefs claimed in the petition as per
interpretation of corporation. Hereto annexed as
Exhibit R-5 is the copy of communication dated
28/04/2025 by PCMC to Deputy Director Of
Education Pune Division.
11. I say that, in view of the GR dated
7/02/2019, the Petitioners cannot rely upon G.R
dated 26/04/2006. G.R dated 7/02/2019 is
subsequent to G.R dated 26/04/2006.
20. He then draws our attention to the Government
Resolution dated 13.10.2000, more particularly to Annexure - A
appended thereto, wherein Clause (A) has been referred to. He
submits that a Shikshan Sevak is to be appointed for a period of
three years, with a minimum tenure of thirty months, and upon
satisfactory completion of the said period, such person may be
appointed as an Assistant Teacher.
21. Notwithstanding the strenuous submissions of the
learned Advocate for the Corporation, in his endeavour to persuade
us to accept the stand of the Corporation, we find that such a stand
is fallacious for reasons more than one. Firstly, all these Petitioners
are TAIT qualified. Secondly, they have all been selected pursuant
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to the advertisement indicating that candidates appointed in unaided
establishments would be designated as Assistant Teachers and that
their respective employers would be responsible for payment of
their salaries. Thirdly, the applicable pay scales for these Petitioners
are also reflected in the General Merit List, wherein it is clearly
stated that they are entitled to the pay scale applicable to Assistant
Teachers.
22. In this backdrop, the issuance of an appointment order
designating the Petitioners as Shikshan Sevaks, would amount to
pulling a fast one on them. Once a candidate is considered for a
particular post, selected, and show in the merit select list for that
post, the appointment order cannot be to the contrary. Such an
appointment order cannot withstand reason or logic, much less
judicial scrutiny. We, therefore, have every reason to reject the
submissions advanced on behalf of the Corporation.
23. The Corporation has taken another stand which
surprises us. It has issued appointment orders to these Petitioners as
Shikshan Sevaks after obtaining cyclostyled undertakings from
them. The format is annexed to the Government Resolution, which
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is meant solely for candidates selected and appointed as Shikshan
Sevaks. All these Petitioners are young, unemployed youth hailing
from both, rural and urban backgrounds. Most of them belong to
rural areas with meagre means of livelihood. Being desperate for
employment and lacking bargaining power, they could not withstand
the pressure of a mighty employer such as the Municipal
Corporation. The Municipal Corporation, is expected to be a model
employer. By selecting candidates for the post of Assistant Teacher
with an approved pay scale, publishing the General Merit List
indicating their position and pay band, and thereafter compelling
them to accept appointment orders as Shikshan Sevaks, appears to
us to be an unethical act and contrary to the advertisement.
24. The learned Advocate for the Corporation, under
instructions, has canvassed that the rule of waiver would be
applicable to all these Petitioners in the light of the undertaking
executed by them. We find from the facts and circumstances of this
case that, firstly, an incorrect proforma undertaking was made to be
signed by these Petitioners, which is applicable to a Shikshan Sevak
and not to an Assistant Teacher. Secondly, when these Petitioners
were selected and appointed pursuant to the advertisement and the
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General Merit List was declared indicating their selection as
Assistant Teachers with a specific pay band, compelling them to
sign such an undertaking amounts to extracting an undertaking
under coercion, duress and against their free will. The anxiety of
these Petitioners is evident from the fact that, on the very next day
of their appointment, they represented to the Commissioner pointing
out the anomaly. Moreover, compelling any person to sign an
undertaking by way of a contract that is contrary to law or a
statutory provision, would amount to ‘contracting out’.
25. In view of the above, all these Petitions are allowed.
The impugned appointment orders are directed to be recalled by the
Commissioner. He shall issue fresh appointment orders designating
the Petitioners as Assistant Teachers, with the pay band mentioned
in their respective categories in column No. 6 of the published
General Merit List, effective from the same date when there were
issued with the erroneous orders. This exercise shall be completed
within ten working days from today. The arrears of pay shall be
computed, and the amount of Rs. 18,000/- per month paid to these
Petitioners from the dates of their appointments, shall be set off,
with the balance amounts payable to them, within forty-five days
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from today.
26. The learned Senior Advocate, Mr. Bandiwadekar, and
the learned Advocate, Dr. Warunjikar, who has conveyed his
message through Advocate Mr. Kate, make a gracious statement that
they would not insist on interest on the arrears of payment if the
same are paid within forty-five days from today. We appreciate their
gesture and record that, if the amounts are not paid within forty-five
days from today, the arrears shall carry simple interest at the rate of
5% per annum from the month in which such payment became due
and payable.
27. Rule is made absolute in the above terms .


(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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