Court rules denial of arrears from 1996 to 2000 violates Article 14, quashes government resolutions limiting pay scale benefits from 2000
In a significant judgment delivered on October 12, 2026, the Bombay High Court (Aurangabad Bench) directed the State of Maharashtra to extend the actual monetary benefit of the rectified Fifth Pay Commission pay scale to vocational subject teachers in private aided junior colleges from January 1, 1996, rather than from January 1, 2000, as previously done by the State Government.
The writ petition was filed by Sirish s/o Bhagawn Inamdar and another, who are full-time vocational course teachers in a private junior college aided by the Government of Maharashtra. The petitioners challenged the State's decision to grant the rectified pay scale of Rs. 7,225-11,050 notionally from January 1, 1996, but limit actual monetary benefits from January 1, 2000. The State justified this by citing financial constraints and the official notification of the rectified scale from 2000.
The Court rejected the State's contentions, holding that the rectification was not the grant of a new pay scale but a correction of the pay scale already fixed with effect from 1996. It emphasized that financial burden cannot justify discriminatory denial of legitimate dues, especially when similarly situated teachers teaching non-vocational subjects had already been granted benefits from 1996.
Further, the Court found no rational basis for the State to differentiate between vocational and non-vocational teachers for the purposes of pay scale benefits, stating such classification lacked intelligible differentia and violated Article 14 of the Constitution, which guarantees equality before law.
The Court also dismissed the State's argument that pay scale benefits were a policy matter beyond judicial review, affirming that policies discriminating between similarly situated persons are liable to be struck down.
Consequently, the Court quashed the Government Resolutions dated December 1, 2000, and December 11, 2006, to the extent they limited the actual monetary benefit to 2000. The State was directed to calculate and pay arrears for the period from January 1, 1996, to December 31, 1999, within six months without interest, failing which interest at 6% per annum would accrue from the expiry of the six months.
This judgment reinforces the principle that administrative or financial expediency cannot override the constitutional right to equality and legitimate dues of employees, particularly in the education sector.
Bottom Line:
Pay scale rectification - Vocational subject teachers in aided junior college held entitled to actual monetary benefit of rectified Fifth Pay Commission pay scale from 01.01.1996 and not merely from 01.01.2000 - Financial burden and policy plea cannot justify hostile discrimination when similarly situated teachers were granted such benefit from 01.01.1996.
Statutory provision(s): Article 14, Constitution of India, 1950
Sirish v. State of Maharashtra, (Bombay)(DB)(Aurangabad Bench) : Law Finder Doc Id # 2995496
