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 SVH 2026:BHC-AUG:44476-DB 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 SVH 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