Bombay High Court
YOGESH SUNIL KALE AND OTHERSversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petitioners are entitled to the one‑step pay‑scale benefits, subject to verification of eligibility, and the respondents must implement the same.
Summary
The petitioners, employees working in Tribal and PESA areas, filed a writ petition seeking the application of the Eksthar (one-step) pay‑scale as per the Government Resolution dated 29‑02‑2024. They argued that a coordinate bench of the same High Court had already allowed similar petitions in Writ Petition No. 248/2026. The Court examined that earlier order and found the issues identical, concluding that the petitioners were similarly situated. Accordingly, the Court directed the Education Officer (Secondary), Zilla Parishad, to verify the records of the petitioners within 30 days and to grant the one‑step pay‑scale benefits, including arrears, to those found eligible. If any petitioner is found ineligible, a notice and hearing within 120 days were ordered before a final decision. The writ petition was therefore allowed, directing implementation of the pay‑scale benefits.
Issues considered
- Whether employees working in Tribal and PESA areas are entitled to the one‑step (Eksthar) pay‑scale benefits under the Government Resolution dated 29‑02‑2024.
Subjects
- Eksthar
- one-step pay scale
- Tribal areas
- PESA
- government resolution
- salary benefits
- writ petition
- public service
Judgment
2026:BHC-AUG:40507-DB
1 917.WP.11662.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
917 WRIT PETITION NO. 11662 OF 2026
YOGESH SUNIL KALE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH
THE SECRETARY AND OTHERS
...
Advocate for the Petitioners : Mr. Shinde Balaji S.
AGP for Respondents: Ms. S.S. Joshi
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 03.09.2026
PER COURT:
1. By this writ petition 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 the petitioners submits that in similarly
circumstanced petitioners cases a 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.
3. Perusal of the said decision shows that the issue raised in this
petition is squarely covered by the said order.
2 917.WP.11662.26.odt
4. Since the petitioners are similarly circumstanced like that of the
petitioners in the said order, the petition deserves to be allowed by
giving same directions.
5. For the reasons stated in the said order, writ petition is 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 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
3 917.WP.11662.26.odt
benefits of one-step pay-scale to those candidates, who are found
to be eligible.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
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