Bombay High Court

MAROTI RAMRAO CHILLEWAD AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

Clause 3 of the Government Resolution is discriminatory and violative of Article 14, and the impugned orders are quashed; the petitioners are entitled to the subject‑teacher pay scale and arrears as directed.

Summary

The petitioners, a group of subject teachers of classes 6 to 8, challenged Clause 3 of the Government Resolution dated 13‑10‑2016, alleging it was discriminatory and violated Article 14 of the Constitution. The High Court examined whether the clause unjustly denied the petitioners the subject‑teacher pay scale and related arrears. It held that the clause indeed contravened the equality principle under Article 14. Consequently, the court quashed the impugned orders and directed the Zilla Parishads to grant the appropriate pay scale to teachers appointed before acquiring the requisite qualification, as well as to those who obtained the qualification during service, with arrears payable within eight weeks. The writ petitions were allowed and disposed of.

Issues considered

Whether Clause 3 of the Government Resolution dated 13‑10‑2016 is discriminatory and violative of Article 14 of the Constitution
Whether teachers appointed as subject teachers of classes 6‑8 are entitled to the subject‑teacher pay scale from the date of appointment
Whether teachers who acquire the requisite qualification during service are entitled to the pay scale and arrears from the date of qualification

Legislation cited

Constitution of India — s. Article 14

Subjects

discrimination
Article 14
teacher pay scale
Zilla Parishad
arrears
constitutional law
service matters

Judgment

                                    *1*                     11-wp-11285-2026


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                 11 WRIT PETITION NO. 11285 OF 2026

             Maroti Ramrao Chillewad And Others
                          VERSUS
 The State Of Maharashtra Through Its Principal Secretary And
                           Others
                             …
                            AND
             WRIT PETITION NO.11767 OF 2026
      (Not on board, Upon mentioning Taken on board)

     Madhuri Manikrao Munde and Others Vs. The State of
                    Maharashtra and Others
                              ...
Mr. B. T. Bodkhe and S. B. Solanke, Advocate for the Petitioner
in both petitions
Mr. S. R. Wakle, AGP for Respondents/State in both petitions
Mr. Laxman H. Kawale, Advocate for Respondent Nos.2 and 3 in
both petitions
                              ...

                       CORAM : NITIN B. SURYAWANSHI &
                               ABASAHEB D. SHINDE, JJ.
                       DATE : 3rd SEPTEMBER 2026

P. C. :-

1.         Indisputably, the issue raised in these petitions is squarely

covered by the orders passed by this Court in Writ Petition

No.15527 of 20225 and connected matters dated 23.07.2026.


2.         For the reasons stated in the said order, we pass the

following order :-


Narwade
                                   *2*                       11-wp-11285-2026




                            :: ORDER ::

     (a) We declare that Clause 3 of the Government Resolution

     dated 13.10.2016 as discriminatory and violative of Article

     14 of the Constitution of India as far as the petitioners are

     concerned. As such, the impugned orders passed in cases of

     these petitioners are quashed and set aside.

     (b) We further direct the respondents Zilla Parishads to

     grant the benefit of subject teacher pay scale to those

     petitioners who are already working as a subject teacher of

     Classes 6 to 8 from the date of appointment on the post of

     subject teacher.

     (c) We also direct the respondents Zilla Parishads that the

     petitioners,     who   have     acquired   the   said      requisite

     qualification during their service would be entitled to

     subject teacher pay scale from the date of acquiring such

     qualification.

     (d) We also direct the respondents Zilla Parishads to pay

     arrears, if any, to the petitioners from the date of

     appointment or date of acquiring qualification as the case

     may be, within eight (8) weeks from the date of this order.

Narwade
                              *3*                    11-wp-11285-2026


3. The Writ Petitions are allowed in terms of the above

directions and disposed of.




(ABASAHEB D. SHINDE, J.)            (NITIN B. SURYAWANSHI, J.)




Narwade

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