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 2026:BHC-AUG:41426-DB 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.) habeeb/