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2026 DAILYLAW 8276 (BOM)

RAMESH TUKARAM BANKAR AND OTHERS v. THE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

WP/12034/2026 · 2026-09-08

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Judgment text

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{1} 6-wp-11824-2026 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 6 WRIT PETITION NO. 11824 OF 2026 Vithal Narayan Mukhedkar And Others VERSUS The State Of Maharashtra And Others ... Mr. Rahul Bagul, Advocate for the Petitioners Mr. S.R. Wakle, AGP for State Mr. R.K. Ingole, Advocate for Respondents No. 4 to 6 WRIT PETITION NO. 12034 OF 2026 Ramesh Tukaram Bankar And Others VERSUS The State Of Maharashtra And Others Mr. R.B. Narvade Patil, Advocate for the Petitioners Mr. M.K. Goyanka, AGP for State Mr. R.K. Ingole, Advocate for Respondents No. 4 to 6 ....... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 08th SEPTEMBER, 2026 PER COURT : 1. Writ Petitions No. 12034 of 2026 is not on board. Upon mentioning same is taken on board. 2. The issue raised in these petitions is squarely covered by the decision of the coordinate Bench of this Court at Nagpur in Writ Petition No.5563/2022 (Ganesh Mahadeo Asekar and others vs. The 2026:BHC-AUG:41613-DB {2} 6-wp-11824-2026 State of Maharashtra) decided vide judgment dated 08.05.2026. 3. In view of the decision in Ganesh Asekar (supra) declaring clause 3 of Government Circular 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 Asekar (supra), we are inclined to pass the following order :- ORDER (a) We declare that Clause 3 of the Government Circular 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 {3} 6-wp-11824-2026 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.) Bhagyawant Punde