Safiya Malik

The Bombay High Court has allowed a writ petition filed by instructors working in government schools for the physically challenged, directing the State of Maharashtra to include the post of "Instructor/Tradesman" in the Government Resolution dated April 26, 2012. The Court held that the exclusion of instructors from the revised pay scale granted to special teachers was unjustified and lacked any objective reasoning. The State has been ordered to ensure pay parity between instructors and special teachers working in Zilla Parishad primary schools. The Court has also restricted arrears to three years before the filing of the petition.

The petitioners, Shri Kailash Manasram More, Shri Suresh Kamalakar Garad, and Shri Vidyasham Ganpatrao Kodgyale, work as instructors in various government-run institutions for the visually impaired, hearing impaired, and orthopedically challenged. They approached the Court seeking a writ of mandamus to direct the State to revise their pay structure and grant them parity with special teachers, arguing that their salaries had been at par with special teachers until the implementation of the Fifth Pay Commission, after which their pay scales were arbitrarily downgraded.

The government resolution dated April 26, 2012, was passed pursuant to the Court’s directions in Writ Petition No. 8019 of 2009 (Smt. Kusum Shankarrao Bansode & Ors. v. State of Maharashtra & Ors.), which ordered pay parity for special teachers. However, instructors were not included in the revised pay scale, leading to the present petition. The petitioners contended that this exclusion was arbitrary and contrary to past pay structures.

The Court examined the petitioners’ claim in light of previous judicial directives and government policies. It noted that the petitioners had historically received the same pay scales as special teachers but were excluded when the pay revision was implemented in 2012. The Court observed: "The above sequence of events would clearly demonstrate that in spite of the directions contained in Writ Petition No. 8019 of 2009, the post of Instructor was excluded while passing the government resolution dated 26-04-2012."

The Court further observed that there was no specific justification provided by the State for this exclusion. It remarked: "The affidavit in reply filed on behalf of respondents does not specifically deal with the claim of the petitioners – Instructors/Tradesman. By way of an evasive reply, it has been merely mentioned that the nature of duties and responsibilities being different, non-inclusion of the post of Instructor/Tradesman in the government resolution dated 26-04-2012 was justified. The justification should have been with specific and objective material."

The Court also referred to a communication received from the Deputy Secretary of the Persons with Disabilities Welfare Department, which stated that a proposal for extending similar benefits to instructors had been sent to the Finance Department for approval. The Court noted that: "Even now, the learned AGP tenders across the bar a communication dated 16-01-2025 received from the Deputy Secretary of Persons with Disabilities Welfare Department. It is being informed that for inclusion of the Instructors and extending them a similar benefit at par with the Special Teachers under the Government Resolution dated 26-04-2012, the matter has been taken up with the Finance Department and the proposal is forwarded to it on 08-07-2024."

The Court held that the State had failed to provide any valid reason for excluding instructors from the revised pay scale despite their long-standing demand and previous Court directives. It stated: "In the absence of any material and concrete stand of the respondents to demonstrate deliberate exclusion of Instructors while passing the Government Resolution dated 26-04-2012, in our considered view, the petition deserves to be allowed."

The Bombay High Court has directed the State of Maharashtra to amend the Government Resolution dated April 26, 2012, and include instructors in the revised pay scale granted to special teachers. The Court stated: "Respondent No. 1 is directed to include the post of Instructor/Tradesman in the Government Resolution dated 26-04-2012 and shall pay to the petitioners at par with the Special Teachers working in Zilla Parishad primary schools."

The State has also been directed to undertake pay fixation and disburse the arrears accordingly. However, the Court limited the arrears to a period of three years prior to the filing of the writ petition on October 7, 2017. It stated: "Following the decision in Union of India and another Vs. Tarsem Singh (2008) 8 SCC 648, the direction for payment of arrears will have to be restricted to only three years prior to the writ petition."

The writ petition was allowed, and the Court made the rule absolute in the above terms.

Case Title: Shri Kailash Manasram More & Ors. v. State of Maharashtra & Ors.
Case Number: Writ Petition No. 15184 of 2017
Bench: Justice Mangesh S. Patil and Justice Prafulla S. Khubalkar

[Read/Download order]