Bombay High Court

RAHUL S/O SAHEBRAO AHERversusTHE STATE OF MAHARASHTRA THR. ITS SECRETARY TRIBAL DEVELOPMENT DEPARTMENT AND ORS

Decided: 16 September 2026
Disposal: Disposed Off

Holding

The petitions are disposed of by directing implementation of the earlier order in Ganesh Gangadhar Shimpi v. State of Maharashtra, mandating verification of records and payment of one‑step pay‑scale benefits where eligible.

Summary

A batch of writ petitions filed by several employees sought the grant of the one‑step pay‑scale (Ekstar) benefits, arrears of salary and revised pension for periods they served in tribal/PESA areas, relying on Government Resolutions dated 6 August 2002 and 29 February 2024. The petitioners requested a mandamus directing the State to release these benefits. The Court noted earlier decisions of a coordinate Bench in Ganesh Gangadhar Shimpi v. State of Maharashtra (W.P. No. 10930/2024) and Baban v. State of Maharashtra (W.P. No. 6229/2025), which had ordered verification of service records by the Zilla Parishad Education Officer and payment of dues where eligible. Applying those precedents, the Court disposed of the present petitions, directing the same verification process within sixty days and keeping the parties’ contentions open. No costs were awarded.

Issues considered

Whether employees who served in tribal/PESA areas are entitled to the one‑step pay‑scale benefits under the 2002 and 2024 Government Resolutions.
Whether arrears of salary and pension revisions must be granted retrospectively to such employees.
What procedural steps are required to verify eligibility and enforce the benefit.

Subjects

one‑step pay scale
Ekstar
tribal area
PESA
salary arrears
pension revision
writ of mandamus
verification of service records
Maharashtra

Judgment

Digitally
signed by
PRASHANT
PRASHANT VILAS RANE 11WP11785-26GRP.DOC
VILAS
RANE Date:
2026.09.17
12:38:54
+0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No. 11785 OF 2026

Pandharinath S/o Trambak Gunjal ...Petitioner
Versus
The State Of Maharashtra Thr. Its Secretary
Tribal Development Department And Ors ...Respondents

WITH
Writ Petition NO. 11786 OF 2026

Sonali Laxman Shinde And Ors ...Petitioners
Versus
The State Of Maharashtra Thr. Its Secretary Tribal
Development Department And Ors ...Respondents
WITH
Writ Petition NO. 11787 OF 2026

Digambar Ananda Nikam ...Petitioner
Versus
The State Of Maharashtra Thru Secretary And Ors ...Respondents
WITH
Writ Petition NO. 11788 OF 2026

Mayuri Chandrashekhar Pathak ...Petitioner
Versus
The State Of Maharashtra Thr. Its Secretary Tribal
Development Department And Ors ...Respondents

WITH
Writ Petition NO. 11789 OF 2026

Rahul S/o Sahebrao Aher ...Petitioner
Versus
The State Of Maharashtra Thr. Its Secretary Tribal
Development Department And Ors ...Respondents

WITH
Writ Petition NO. 11790 OF 2026

Popat Bhaskar Pawar Died Thru Legal Heirs ...Petitioner
Versus
The State Of Maharashtra Thru Secretary And Ors ...Respondents

AND

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P. V. Rane
11WP11785-26GRP.DOC

Writ Petition NO. 6907 OF 2026
(NOT ON BOARD TAKEN ON BOARD)

SHARAD S/O KISAN BHALERAO AND ORS ...Petitioners
Vs
THE STATE OF MAHARASHTRA AND ORS ...Respondents

AND
Writ Petition No. 6908 OF 2026
(NOT ON BOARD TAKEN ON BOARD)

SAHEBRAO DADAJI AHIRE AND ORS. ...Petitioners
Vs
THE STATE OF MAHARASHTRA AND ORS ...Respondents

AND
Writ Petition (st) No.24523 OF 2026
(NOT ON BOARD TAKEN ON BOARD)

ASHROBA RAMA SIRSAT AND ORS. ...Petitioners
Vs
THE STATE OF MAHARASHTRA AND ORS ...Respondents
AND
Writ Petition (st) No.26690 OF 2026
(NOT ON BOARD TAKEN ON BOARD)
SATISH S/O POPATRAO BIRARI AND ORS ...Petitioners
Vs
THE STATE OF MAHARASHTRA THR. ITS SECRETARY TRIBAL
DEVELOPMENT DEPARTMENT AND ORS. ...Respondents
_______
Ms. Megha Y. Mali, for Petitioners.
Mr. Onkar A. Chandurkar, Addl. Govt. Pleader with Shri. A. K. Naik, AGP, Mrs. M. P.
Thakur, AGP with Mrs. P. J. Gavahne, AGP, Mr. A. R. Deolekar, AGP and Mrs. D. S.
Deshmukh, AG P. for the State.
Mr. S. H. Kankal, AGP for State in WP 6907/26.
Ms. P. N. Diwan, AGP for State in WP 6908/26.
Mr. P. N. Mehra, AGP for State in WP (st) no.24523/26.
Mr. P. P. Kakade, Addl.Govt.Pleader for State in WP(st) No.26690/26.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.

DATE: 16 SEPTEMBER 2026
P.C.

1. This is a batch of petitions filed by the petitioners praying for the similar

reliefs. For convenience, the substantive reliefs as prayed for in Writ Petition

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11WP11785-26GRP.DOC

No.11785 of 2026 are required to be noted which read thus:

“A. The Writ Petition may kindly be allowed.

B. The resp. authority may kindly be direct to give/release the benefits of
Ekstar (one step pay scale) to the petitioner from the initial date of
appointment to till his date of retirement from service as per Government
Resolution dated 06.08.2002 & 29.02.2024 as he worked in Tribal/PESA /
difficult area & direct the respondents to pay the salary of the petitioner as per
the Ekstar (one step pay scale) till the petitioner worked in
Tribal/PESA/difficult area. By issuing writ of Mandamus or any other
appropriate writ, order or direction as the case may be.

C. The Respondent authority may kindly be direct to pay arrears of salary,
revise the pension of the petitioner including the benefits of one step pay scale
i.e. Ekstar from the initial dates of appointment to till his retirement as per
Government Resolution dated 06.08.2002 issued by the Resp. No.1 as he was
worked in Tribal Area & further directs not to revoke/recover the benefits of
Ekstar (one step pay scale) as per Government Resolution dated 06.08.2002
though petitoner granted/ entitled for time bound promotion.”

2. Thus, accordingly, the reliefs which the petitioners are seeking are that the

respondents be directed to release and grant the benefit of ‘ एकस्तर’ (one-step pay

scale) as per the Government Resolutions dated 6 August 2002 and 29 February

2024 for the period during which the petitioners worked in tribal area, and

accordingly, directions be issued to the respondents to pay the arrears of salary and

revise the pension of the petitioners, including the benefit of one-step pay scale, i.e.

‘एकस्तर’, for the entire period during which they worked in such area.

3. Our attention is drawn to a similar proceeding considered by a co-ordinate

Bench of this Court at Aurangabad Bench, in Writ Petition No.10930 of 2024

(Ganesh Gangadhar Shimpi & Ors. v. State of Maharashtra & Ors) along with

other connected matters, wherein the co-ordinate Bench of this Court has passed

the following order:-

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“4. In view of the above, all these Writ Petitions are allowed in the
following terms:-
(i) The Education Officer of the Zilla Parishad shall scrutinize the
records of all these Petitioners and the places at which they are
deployed for performing their duties, within a period of 30 days.,
(ii)Those cases, which are without any legal impediment after
verification, shall be cleared by the Education Officer 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 along with arrears as well as their
current salaries, within a period of 45 days thereafter.
(iii) After scrutiny, if any of these Petitioners, on the basis of
their records, are found to be ineligible, the Education Officer, Zilla
Parishad, would issue notices to each of such Petitioners, so as to
enable them to appear before the said authority and address the
Education Officer.
(iv) After such hearing, which shall be completed within 90
days, the Zilla Parishad shall pass appropriate orders and grant
benefits of one-step pay-scale to those candidates, who are found to
be eligible.
(v) Those Petitioners, who suffer adverse orders after the above stated
exercise is completed, would be at liberty to avail of a statutory
remedy, as is permissible in law.
(vi) If any of these petitioners have superannuated from
service, their pensionary benefits would be recalculated if they are
held to be eligible for the one step increment.
5. We make it clear that, if the Model Code of Conduct is
introduced, that would not be an impediment for the compliance of
this order.”

4. We are informed that there is an another order passed by a co-ordinate

Bench of this Court dated 7 May 2025 in Baban s/o. Ramdas Gunjal & Ors. vs.

State of Maharashtra & Ors. (Writ Petition No.6229 of 2025 & connected

matters) which was also disposed of in terms of the orders similar to the orders

passed in the proceedings of Ganesh Gangadhar Shimpi & Ors. v. State of

Maharashtra & Ors. (Writ Petition No.10930 of 2024 (supra)).

5. In this view of the matter, we are inclined to dispose of this petition in terms

of the order dated 4 October 2024 passed by the co-ordinate Bench of this Court

in the proceedings of Ganesh Gangadhar Shimpi & Ors. v. State of Maharashtra &

Ors. (Writ Petition No.10930 of 2024 (supra)).

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6. Let appropriate steps be taken as directed in paragraph 4(i) of the said order

within a period of sixty days from the date of this order. All contentions of the

parties in that regard are expressly kept open.

7. Disposed of in the aforesaid terms. No costs.

(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)

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