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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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