Bombay High Court
CHANDRAKANT FAKIRA PRAJAPATI AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the Directorate of Higher Education must scrutinise the petitioners’ records, clear all cases without legal impediment, and grant the one‑step pay scale benefits, with provision for a statutory remedy for any adverse order.
Summary
The petitioners, a group of employees deployed in tribal and PESA areas, filed writ petitions seeking salary benefits under the one‑step pay scale and arrears, alleging that the Directorate of Higher Education had not processed their entitlements. The State of Maharashtra contended that the matter was already decided by the coordinate bench in earlier writ petitions. The Court examined whether the Directorate must verify the petitioners’ service records, clear cases without legal impediment, and grant the one‑step pay scale benefits within the time‑frames prescribed by the Government Resolution dated 29‑02‑2024. Relying on the earlier decisions of Writ Petition No. 248 of 2026 and Writ Petition No. 13241 of 2024, the Court held that the Directorate is obligated to scrutinise the records within 30 days, pay due salaries and arrears, and provide a hearing to any ineligible petitioner. The order also preserved the petitioners’ right to seek statutory remedy if an adverse order is issued. Consequently, the writ petitions were allowed with specific directions to the respondents.
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.
- Whether the Directorate of Higher Education must verify the petitioners’ records and clear eligible cases within the period prescribed by the Government Resolution.
- Whether petitioners have a statutory remedy if an adverse order is passed after the verification process.
Subjects
- writ petition
- salary benefits
- one‑step pay scale
- tribal areas
- PESA
- government resolution
- higher education
- verification of records
- statutory remedy
Judgment
2026:BHC-AUG:39102-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.
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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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