Case Note & Summary
The petitioners, fourteen individuals working as Laboratory Assistants in various aided colleges in Maharashtra, filed a writ petition under Article 226 of the Constitution before the Bombay High Court at Nagpur. They sought a direction to the respondents—the Chief Secretary of Higher and Technical Education Department, the Director of Higher Education, and the Joint Director of Higher Education—to grant them the revised pay scale of Rs.4000-6000 as per Government Resolution dated 27.02.2026. The petitioners argued that despite the Government Resolution, the respondents had not extended the benefit to them, allegedly on the ground that they are not 'teachers'. The respondents opposed the petition, contending that the revised pay scale was intended only for teaching staff. The Court, after hearing both sides, examined the Government Resolution and found that it did not restrict its applicability to teachers alone; it applied to all employees in aided colleges. The Court held that denying the revised pay scale to Laboratory Assistants while granting it to other employees would be discriminatory. Consequently, the Court allowed the petition, issued a writ of mandamus directing the respondents to grant the revised pay scale of Rs.4000-6000 to the petitioners within four weeks, and made the rule absolute with no order as to costs.
Headnote
A) Service Law - Pay Revision - Laboratory Assistants - Government Resolution dated 27.02.2026 - The petitioners, working as Laboratory Assistants in aided colleges, sought the revised pay scale of Rs.4000-6000 as per the Government Resolution dated 27.02.2026. The respondents denied the benefit on the ground that the petitioners are not 'teachers'. The Court held that the Government Resolution does not restrict its applicability to teachers only; it applies to all employees in aided colleges. The Court directed the respondents to grant the revised pay scale to the petitioners within four weeks. (Paras 4-6) B) Service Law - Discrimination - Laboratory Assistants - The Court observed that denying the revised pay scale to Laboratory Assistants while granting it to other employees would be discriminatory. The Government Resolution dated 27.02.2026 does not make any distinction between teachers and non-teaching staff. (Para 5) C) Constitutional Law - Writ of Mandamus - Article 226 - The Court issued a writ of mandamus directing the respondents to implement the Government Resolution dated 27.02.2026 and grant the revised pay scale to the petitioners within four weeks. (Para 6)
Issue of Consideration
Whether the petitioners, working as Laboratory Assistants in aided colleges, are entitled to the revised pay scale of Rs.4000-6000 as per Government Resolution dated 27.02.2026, and whether the respondents can deny the same on the ground that the petitioners are not 'teachers'.
Final Decision
The Court allowed the petition, issued a writ of mandamus directing the respondents to grant the revised pay scale of Rs.4000-6000 to the petitioners within four weeks, and made the rule absolute with no order as to costs.
Law Points
- Pay revision
- Government Resolution
- Laboratory Assistant
- Revised pay scale
- Aided colleges
- Discrimination
- Writ of mandamus
