Bombay High Court
SYED AFROZ BEGUM SYED ALI AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Clause‑3 of the Government Resolution is unconstitutional under Article 14, and the order dated 10‑Jun‑2022 is quashed, restoring the petitioners' earlier pay scale.
Summary
Syed Afroz Begum and others filed a writ petition challenging an order dated 10 June 2022 that altered their pay scale. The petition contended that Clause‑3 of a Government Resolution dated 13 October 2016 was discriminatory and violated Article 14 of the Constitution. The Court observed that the matter was directly covered by a prior decision of a co‑ordinate bench in Ganesh Mahadeo Asekar v. State of Maharashtra (Writ Petition No. 5563 of 2022), which had declared the same clause unconstitutional. Relying on that precedent, the Court held that the clause was violative of the equality principle. Consequently, the Court allowed the petition, quashing the 10 June 2022 order and directing that the petitioners be restored to their earlier pay scale.
Issues considered
- Whether Clause‑3 of the Government Resolution dated 13‑Oct‑2016 is discriminatory and violative of Article 14 of the Constitution.
- Whether the order dated 10‑Jun‑2022 altering the petitioners' pay scale should be set aside.
Subjects
- Article 14
- Discrimination
- Government Resolution
- Pay Scale
- Writ Petition
- Quashing Order
Judgment
2026:BHC-AUG:26918-DB
call paper-wp-10285-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10285 OF 2025
Syed Afroz Begum Syed Ali and Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Sahebrao A. Nagarsoge, Advocate for the Petitioner
Mr. R. S. Wakle, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
Dated : July 02, 2026
PER COURT :-
1. Heard. Rule. Rule made returnable forthwith.
2. Indisputably, the issue raised in this petition is squarely
covered by the decision of a Co-ordinate Bench of this Court at
Nagpur in Ganesh Mahadeo Asekar and Ors. Vs. The State of
Maharashtra & Ors. (Writ Petition No.5563 of 2022), wherein
this Court has declared Clause-3 of Government Resolution
dated 13.10.2016 as discriminatory and violative of Article 14 of
the Constitution of India, insofar as the petitioners therein there
concerned. For the reasons recorded in the said order, Writ
Petition is allowed in terms of prayer clause “B”, which is as
follows :
Narwade
call paper-wp-10285-2025.odt
B. By issuing appropriate writ, orders or directions in the like
nature, the order dated 10.06.2022 [Exhibit F] passed by the
respondent no.5 may please be quashed and set aside and please
be restored their earlier pay scale in the interest of justice.”
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Narwade
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