Bombay High Court

MANOJ MOHAN GAIKWAD AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the petitioners are entitled to the one‑step pay‑scale benefits and directed the respondents to verify eligibility and pay the salary and arrears.

Summary

The petitioners, employees working in Tribal and PESA areas, filed writ petitions seeking the benefit of the one‑step pay‑scale (Eksthar) as per Government Resolutions dated 06‑08‑2002 and 29‑02‑2024. They relied on a prior decision of the same High Court in Writ Petition No. 248/2026, where similarly situated employees were granted the benefit. The Court examined the earlier order and found the issues identical, directing the Zilla Parishad Education Officer to verify the petitioners' records within 30 days and, where no legal impediment exists, to pay the one‑step salary and arrears. If any petitioner is found ineligible, a notice and hearing within 120 days are to be conducted before a final order. Accordingly, the writ petitions were allowed and the respondents were ordered to implement the one‑step pay‑scale for eligible petitioners.

Issues considered

Whether employees working in Tribal and PESA areas are entitled to the one‑step pay‑scale benefits under the Government Resolutions of 2002 and 2024.
Whether the earlier order in Writ Petition No. 248/2026 is applicable to the present petitioners.
Whether the respondents are obligated to verify eligibility and pay arrears accordingly.

Subjects

one-step pay scale
Tribal areas
PESA
government resolution
writ petition
salary benefits
public service employment

Judgment

2026:BHC-AUG:37852-DB


                                                 1                           87-96.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            87 WRIT PETITION NO. 10233 OF 2026
                             MANOJ MOHAN GAIKWAD AND OTHERS
                                             VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                             OTHERS
                                               ...
              Mr. Manoj R. Suryawanshi, Advocate for the Petitioner
              Mr. N. D. Batule, AGP for Respondents/State
              Mr. Rakesh Jain, Advocate for Respondent Nos.6 to 9
                                               ...
                           96 WRIT PETITION NO. 10242 OF 2026
                     WASIM AHMEND SHAIKH MUSLIM KURESHI AND ANOTHER
                                               VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                               OTHERS
                                                 ...
              Mr. Manoj R. Suryawanshi, Advocate for the Petitioner
              Mr. B. B. Bhise, AGP for Respondents/State
              Mr. P. S. Patil, Advocate for Respondent Nos.7 to 9
                                                 ...
                                        CORAM : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.
                                         DATE : 19th AUGUST, 2026

              PER COURT :

              1.           By these writ petitions the petitioners seek directions to

              the respondents authorities to give them benefits of Eksthar (one

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

              areas, in terms of Government Resolutions date 06.08.2002 and

              29.02.2024.

              2.           Learned advocate for petitioners submits that in the

              similarly circumstanced petitioners’ cases the Coordinate Bench of

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

              order dated 20.04.2026, has allowed the writ petitions.


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

in these petitions is squarely covered by the said order. 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.

4.             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 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.


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      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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