Bombay High Court

MOHAMMAD RAZA ABDUL SAMAD SHAIKH AND ANOTHERversusTHE STATE OF MAHARASHTRA TRIBAL DEVELOPMENT DEPARTMENT AND OTHERS

Disposal: DISPOSED OFF

Holding

The petitioners are entitled to the one‑step pay‑scale benefits, subject to verification of eligibility.

Summary

The petitioners, employees working in Tribal and PESA areas, filed writ petitions seeking the benefits of the one‑step pay‑scale (Eksthar) as mandated by the Government Resolution dated 29‑02‑2024. They relied on a prior decision of the same Court in Writ Petition No. 248/2026, where similarly situated employees were granted the same benefit. The Court examined the earlier order and found that the issue raised was identical, concluding that the petitioners were likewise entitled to the one‑step pay‑scale. Accordingly, the Court directed the Education Officer (Secondary), Zilla Parishad, to verify the petitioners' records within 30 days and, where no legal impediment exists, to pay the entitled salary benefits and arrears. If any petitioner is found ineligible, a notice and hearing within 120 days were ordered, after which appropriate orders would be passed. The writ petitions were therefore allowed.

Issues considered

Whether employees working in Tribal and PESA areas are entitled to the one‑step pay‑scale benefits under the Government Resolution dated 29‑02‑2024.
Whether the earlier decision in Writ Petition No. 248/2026 is applicable to the present petitioners.

Subjects

one‑step pay‑scale
Eksthar
Tribal areas
PESA
Government Resolution 2024
salary benefits
writ petition
verification
arrears

Judgment

2026:BHC-AUG:37391-DB


                                                 1                   81-WP-10039-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            81 WRIT PETITION NO. 10039 OF 2026

                        ISMAILKHA MOHAMMADKHA PATHAN AND OTHERS
                                             VERSUS
                THE STATE OF MAHARASHTRA THROUGH TRIBAL DEVELOPMENT
                                   DEPARTMENT AND OTHERS
                                               ...
              Mr. Chetan Choudhari, Advocate h/f Mr. Manoj R. Suryawanshi,
              Advocate for the Petitioner
              Mr. N. S. Tekale, AGP for Respondents/State
                                               ...
                            89 WRIT PETITION NO. 10057 OF 2026

                    MOHAMMAD RAZA ABDUL SAMAD SHAIKH AND ANOTHER
                                             VERSUS
               THE STATE OF MAHARASHTRA TRIBAL DEVELOPMENT DEPARTMENT
                                          AND OTHERS
                                                ...
              Mr. Chetan Choudhari, Advocate h/f Mr. Manoj R. Suryawanshi,
              Advocate for the Petitioner
              Mr. V. M. Kagne AGP for Respondents/State
              Mr. Rakesh N. Jain, Advocate for Respondent Nos.6 to 9
                                                ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                        DATE : 17th AUGUST, 2026

              PER COURT :

              1.           By these writ petitions the petitioners seek directions to

              the respondents authorities to give benefits of Eksthar (one step

              pay - scale) since they are working in the Tribal and PESA areas, in

              terms of Government Resolution date 29.02.2024.


              2.           Learned advocate for petitioners submits that in the

              similarly circumstanced petitioners’ cases the Coordinate Bench of




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                                    2                    81-WP-10039-26.odt


this Court in Writ Petition No.248/2026 and connected matters, by

order dated 20.04.2026, has allowed the writ petitions.


3.            Perusal of the said decision shows that the issue raised

in these petitions is squarely covered by the said order.


4.            Since the petitioners are similarly circumstanced like

that of the petitioners in the said order, the petitions deserve to be

allowed by giving same directions.


5.            For the reasons stated in the said order, the writ

petitions are allowed in the following terms :

      I.    Respondent/Education Officer (Secondary), Zilla Parishad,

            shall scrutinize the records of these Petitioners and the

            places at which they are deployed for performing their

            duties, within a period of 30 days from today, considering

            the Government Resolution dated 29.02.2024.

      II.   The   cases   which   have   no   legal   impediment      after

            verification, shall be cleared by the concerned Respondent

            and the salary benefits to which the Petitioners are

            entitled to, in the light of the one step pay-scale made

            available to the employees working in the Tribal and PESA

            areas, shall be paid to them along with arrears as well as

            their current salary, within a period of 30 days, thereafter.

      III. After scrutiny, if the Petitioners, on the basis of their




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         record,   are   found   to   be   ineligible,   the   concerned

         Respondent would issue notice to those Petitioners, so as

         to enable them to appear before the said authority and

         address it.

      IV. After such hearing, which shall be completed within 120

         days, the concerned Respondent shall pass an appropriate

         order and grant benefits of one-step pay-scale to those

         candidates, who are found to be eligible.



(ABASAHEB D. SHINDE, J.)              (NITIN B. SURYAWANSHI, J.)




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