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Bombay High Court

JITENDRA PUNDALIK CHAUDHARIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petitions are allowed; the Directorate of Higher Education must verify records, grant one‑step pay scale benefits where applicable, and follow prescribed procedures for any ineligible cases.

Summary

The High Court of Bombay, Aurangabad Bench entertained a series of writ petitions filed by employees of the Directorate of Higher Education seeking the payment of salary benefits under the one‑step pay scale applicable to staff posted in Tribal and PESA areas. The petitioners alleged that despite a Government Resolution dated 29‑02‑2024, their records had not been verified and they were denied the entitled pay and arrears. The Court observed that the matter had already been decided in earlier orders of the same Bench in Writ Petition No. 248 of 2026 and Writ Petition No. 13241 of 2024, and therefore applied the same reasoning. It directed the Director and Joint Director of Higher Education to scrutinise the petitioners’ service records within 30 days and, where no legal impediment existed, to grant the one‑step pay scale along with arrears. If any petitioner is found ineligible, a notice must be issued, a hearing conducted within 120 days, and an appropriate order passed. The Court further affirmed that any adverse order may be challenged through the statutory remedies available under law. Consequently, the writ petitions were allowed and the respondents were ordered to implement the directives.

Issues considered

  • Whether the petitioners are entitled to salary benefits and arrears under the one‑step pay scale for employees working in Tribal and PESA areas as per the Government Resolution dated 29‑02‑2024.
  • Whether the Directorate of Higher Education is obligated to verify the service records of the petitioners within a stipulated time and grant the benefits if no legal impediment exists.
  • What procedural steps must be followed if a petitioner is found ineligible after verification.

Subjects

  • one step pay scale
  • Tribal areas
  • PESA
  • salary benefits
  • government resolution
  • higher education
  • writ petition
  • verification of records

Judgment

2026:BHC-AUG:39097-DB


                                               {1}                   904-wp-10873-2026

                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                             904 WRIT PETITION NO. 10873 OF 2026

                              Jitendra Pundalik Chaudhari And Others
                                              VERSUS
                               The State Of Maharashtra And Others
                                                 ...
              Ms. Megha Mali, Advocate for the Petitioners in all petitions
              Mr. N.S. Tekale, AGP for State

                             905 WRIT PETITION NO. 10874 OF 2026

                                Suresh Ananda Tawale And Others
                                             VERSUS
                               The State Of Maharashtra And Others
                                               ...
              Mr. S.R. Wakle, AGP for State

                             906 WRIT PETITION NO. 10875 OF 2026

                            Bhagwan Babhuta Chaudhari And Others
                                           VERSUS
                   The State Of Maharashtra Through Its Secretary And Others
                                              ...
              Ms. Neha Kamble, AGP for State

                             907 WRIT PETITION NO. 10876 OF 2026

                                 Pramod Sanjay Pawar And Others
                                             VERSUS
                               The State Of Maharashtra And Others
                                                ...
              Mr. B.B. Bhise, AGP for State

                             908 WRIT PETITION NO. 10877 OF 2026

                                Kisan Madhukar Vasave And Others
                                             VERSUS
                               The State Of Maharashtra And Others
                                               ...
              Mr. N.D. Batule, AGP for State
                              {2}                   904-wp-10873-2026

              909 WRIT PETITION NO. 10878 OF 2026

              Chandrakant Fakira Prajapati And Others
                              VERSUS
                The State Of Maharashtra And Others
                                ...
Mr. S.K. Tambe, AGP for State

              910 WRIT PETITION NO. 10879 OF 2026

                       Jagdish Narottam Patel
                              VERSUS
                The State Of Maharashtra And Others
                                 ...
Mr. M.K. Goyanka, AGP for State

              911 WRIT PETITION NO. 10880 OF 2026

                    Kishor Jadhav Patel And Others
                               VERSUS
                 The State Of Maharashtra And Others
                                  ...
Mr. V.M. Kagne, AGP for State

              912 WRIT PETITION NO. 10881 OF 2026

              Sudesh Amarsing Raghuwanshi And Others
                               VERSUS
                 The State Of Maharashtra And Others
                                 ...
Mr. N.S. Tekale, AGP for State

              913 WRIT PETITION NO. 10882 OF 2026

                   Manish Ravindra Kalal And Others
                               VERSUS
                 The State Of Maharashtra And Others
                                  ...
Mr. S.R. Wakle, AGP for State

              914 WRIT PETITION NO. 10883 OF 2026

                 Gopal Gangadhar Sonar And Others
                              {3}                  904-wp-10873-2026

                             VERSUS
               The State Of Maharashtra And Others
                               ...
Ms. Neha Kamble, AGP for State

                 WRIT PETITION NO. 11060 OF 2026

                   Manoj Kalu Chaudhari And Others
                               VERSUS
                 The State Of Maharashtra And Others
                                 ...
Mr. N.S. Tekale, AGP for State

                 WRIT PETITION NO. 11082 OF 2026

                   Santosh Kadu Tayade And Others
                               VERSUS
                 The State Of Maharashtra And Others
                                  ...
Mr. N.S. Tekale, AGP for State
                                .......

                     CORAM : NITIN B. SURYAWANSHI AND
                              ABASAHEB D. SHINDE, JJ.


                        DATE : 28th AUGUST, 2026
PER COURT :

1.   Writ Petition Nos. 11060 of 2026 and 11082 of 2026 are not on

board. Upon mentioning same are taken on board.


2.     Admittedly, the issue raised in these Petitions is squarely

covered by the decisions rendered by the Co-ordinate Bench of this

Court in Writ Petition No. 248 of 2026 and connected matters, dated

20th April, 2026 and dated 4th December, 2024 in Writ Petition No.

13241 of 2024.
                                         {4}                            904-wp-10873-2026

3.         For the reasons stated in the said orders, the Writ Petitions stand

allowed in the following terms:


     I.     Respondents- Director, Directorate of Higher Education and
            Joint Director, Higher Education 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 Respondents
            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 the 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.
                                    {5}                   904-wp-10873-2026

    V.     The Petitioners, who may suffer an adverse order after the
           above stated exercise is completed, shall be at liberty to
           avail of a statutory remedy, as is permissible in law and in
           the light of the Government Resolution dated 29.02.2024
           issued by the General Administration Department.




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




Bhagyawant Punde


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