Bombay High Court

DILIP NAMDEO JAYBHAYEversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

Clause 3 of the 13 October 2016 Government Resolution is discriminatory and violative of Article 14, and must be struck down, entitling the petitioners to the subject‑teacher pay scale and arrears.

Summary

The Bombay High Court, Aurangabad Bench, considered two writ petitions challenging Clause 3 of a Government Resolution dated 13 October 2016, which denied subject teachers of classes 6‑8 the prescribed pay scale. Relying on the Nagpur Bench decision in Ganesh Mahadeo Asekar v. State of Maharashtra, the Court held that the clause was discriminatory and violated Article 14 of the Constitution. Consequently, the impugned orders against the petitioners were quashed. The Court directed the Zilla Parishads to grant the subject‑teacher pay scale to petitioners from the date of their appointment or from the date they acquired the requisite qualification, and to pay any arrears within eight weeks. The writ petitions were allowed and the matters disposed of.

Issues considered

Whether Clause 3 of the Government Resolution dated 13‑10‑2016 is violative of Article 14 of the Constitution.
Whether the petitioners are entitled to the subject‑teacher pay scale and arrears despite the impugned clause.
Whether the precedent set by Ganesh Mahadeo Asekar (Writ Petition No. 5563/2022) is applicable to the present petitions.

Subjects

Discrimination
Article 14
Government Resolution
Subject teacher pay scale
Arrears
Zilla Parishad
Writ petition
High Court

Judgment

2026:BHC-AUG:41427-DB
                                           1                          35.WP.11430.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               WRIT PETITION NO. 11430 OF 2026

                         BABASAHEB TULSHIRAM SARUK AND OTHERS
                                         VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS

                                           WITH
                               WRIT PETITION NO. 11965 OF 2026

                                   DILIP NAMDEO JAYBHAYE
                                             VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                 ...
                    Advocate for the Petitioner/s : Mr. Sahebrao A. Nagarsoge
                  AGP for Respondent/State : Mr. S.R. Wakale and Mr. N.D. Batule
                   Advocate for Respondent Nos.5 and 6 : Mr. P.D. Suryawanshi
                                                 ...

                                  CORAM         : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.


                                  DATE          : 07.09.2026


             PER COURT:

             1.     Indisputably the issue raised in these petitions is squarely

             covered by the decision of this Court at Nagpur Bench in Writ Petition

             No.5563/2022 (Ganesh Mahadeo Asekar and others Vs. The State of

             Maharashtra).

             2.     By the decision in the said matter Clause 3 of Government

             Resolution dated 13.10.2016 is declared as discriminatory and

             violative of Article 14 of the Constitution of India as far as the
                              2                             35.WP.11430.26.odt

petitioners therein are concerned. Since the petitioners herein are

similarly circumstanced, for the reasons recorded in the Ganesh

Mahadeo Asekar (supra), we are inclined to follow the same order :

                                  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
                                 3                           35.WP.11430.26.odt

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

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

and disposed of.



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




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