Bombay High Court
BEBISAROJA TUKARAM BABAR AND OTHERSversusTHE STATE OF MAHARASHTRA THR 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 with arrears.
Summary
The Bombay High Court, Aurangabad Bench, considered Writ Petitions 12893 and 12878 of 2026 challenging Clause 3 of the Government Resolution dated 13 October 2016, which denied subject‑teacher pay scale benefits to certain teachers. Relying on the Nagpur Bench decision in Ganesh Mahadeo Asekar v. State of Maharashtra (W.P. No. 5563 of 2022), the Court held that the clause was discriminatory and violated Article 14 of the Constitution. Consequently, the Court declared the clause void, quashed the impugned orders, and 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. The Court also ordered payment of any arrears 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 petitioners are entitled to the subject‑teacher pay scale and arrears thereof.
Legislation cited
- Constitution of India — s. Article 14
Subjects
- discrimination
- Article 14
- subject teacher pay scale
- government resolution
- Zilla Parishad
- writ petition
- equal protection
- Maharashtra
Judgment
2026:BHC-AUG:44475-DB
1 905-WP-12810-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
905 WRIT PETITION NO. 12810 OF 2026
BEBISAROJA TUKARAM BABAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
...
Mr. Balaji S. Shinde, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
Mr. Anup R. Nikam, Advocate for Respondent Nos.3 to 5
…
WRIT PETITION NO. 12893 OF 2026
PRABHAKAR NAMDEO GHUGE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
...
Mr. Balaji S. Shinde, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondents/State
Mr. Suhas B. Ghute, Advocate for Respondent Nos.3 to 5
…
WRIT PETITION NO. 12878 OF 2026
DINESH DASHRATH THORAT AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
...
Mr. S. G. Munde, Advocate for the Petitioner
Mr. N. D. Batule, AGP for Respondents/State
Mr. Avinash D. Aghav, Advocate for Respondent No.5
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 23rd SEPTEMBER, 2026
PER COURT :
1. Writ Petition Nos. 12893 of 2026 and 12878 of 2026 are
not on board. Upon mentioning taken on board.
2. Indisputably the issue raised in these petitions is
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2 905-WP-12810-26.odt
squarely covered by the decision of the Co-ordinate Bench of this
Court at Nagpur in Writ Petition No.5563 of 2022 (Ganesh
Mahadeo Asekar and Others Vs. The State of Maharashtra)
decided vide judgment dated 08/05/2026.
3. In view of the decision in Ganesh Mahadeo Asekar
(supra) declaring clause 3 of Government Resolution dated
13/10/2016 as discriminatory and violative of Article 14 of the
Constitution of India, as far as the petitioners therein are concerned
and since the petitioners herein are similarly situated, for the
reasons recorded in Ganesh Mahadeo Asekar (supra), we are
inclined to pass the following 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
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3 905-WP-12810-26.odt
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 weeks from the date of this order.
4. The Writ Petitions are allowed in terms of the above
directions and disposed of.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
SVH
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