Bombay High Court

WASIM AHMEND SHAIKH MUSLIM KURESHI AND ANOTHERversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petitioners are entitled to the one‑step pay‑scale benefits, and the authorities must verify records and grant the benefits accordingly.

Summary

The petitioners, employees working in Tribal and PESA areas, filed writ petitions seeking the benefits of the Eksthar (one‑step) pay‑scale as per Government Resolutions dated 06‑08‑2002 and 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 relief. The Court examined the earlier order and found the issues identical, concluding that the petitioners are likewise entitled to the one‑step pay‑scale. Accordingly, the Court directed the Zilla Parishad Education Officer to scrutinise the petitioners’ records within 30 days, to pay the applicable salary benefits and arrears to eligible petitioners, and to issue notices and conduct hearings for those found ineligible. The Court ordered that any eligible petitioners receive the one‑step pay‑scale benefits within the stipulated time‑frames.

Issues considered

Whether employees working in Tribal and PESA areas are entitled to the one‑step (Eksthar) pay‑scale benefits under the Government Resolutions of 06‑08‑2002 and 29‑02‑2024.
Whether the earlier order in Writ Petition No. 248/2026 is binding on the present petitions.

Subjects

one‑step pay scale
Eksthar
Tribal areas
PESA
government resolution
writ petition
salary benefits
public service

Judgment

2026:BHC-AUG:37853-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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