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Bombay High Court

SHAIKH ALTAF HUSAIN MOHAMMAD HANIF AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the petitioners are entitled to the one‑step pay‑scale benefits and directed the Education Officer to verify their records and pay the dues accordingly.

Summary

The petitioners, employees deployed in tribal and PESA areas, filed a writ petition seeking salary benefits under the one‑step pay‑scale made available by a Government Resolution dated 29‑02‑2024. They alleged that the State had not paid the applicable arrears and current salary. The Court noted that the matter was already covered by its earlier decisions in Writ Petition No. 248 of 2026 and Writ Petition No. 13241 of 2024. Relying on those precedents, the Court directed the Education Officer to scrutinise the petitioners’ records within 30 days and, where no legal impediment existed, to pay the entitled benefits and arrears. If any petitioner is found ineligible, the Court ordered a notice and a hearing within 120 days before a final order is passed. The petition was allowed, and the State was directed to comply with the specified timeline.

Issues considered

  • Whether the petitioners are entitled to salary benefits 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 State must verify the petitioners’ service records and pay the due arrears and current salary within the stipulated period.

Subjects

  • one step pay scale
  • tribal areas
  • PESA
  • salary arrears
  • government resolution
  • writ petition
  • employment benefits
  • record verification

Judgment

2026:BHC-AUG:42706-DB


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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                 21 WRIT PETITION NO. 12123 OF 2026

                       Shaikh Altaf Husain Mohammad Hanif And Others
                                            VERSUS
                  The State Of Maharashtra Through Its Secretary And Others
                                               ...
                Ms. Megha Y. Mali, Advocate for the Petitioner
                Mr. N. D. Batule, AGP for Respondents/State
                                               ...

                                       CORAM : NITIN B. SURYAWANSHI &
                                               ABASAHEB D. SHINDE, JJ.
                                       DATE : 16th SEPTEMBER 2026

                P. C. :-

                1.          Admittedly, the issue raised in this Petition 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 4 th December, 2024 in

                Writ Petition No. 13241 of 2024.



                2.         For the reasons stated in the said orders, the Writ Petition

                stands allowed in the following terms:


                     I. Respondent / Education Officer (Primary and Secondary),

                     Zilla Parishad, shall scrutinize the records of these Petitioners

                     and the places at which they are deployed for performing


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   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.


   V. The Petitioners, who may suffer an adverse order after the

   above stated exercise is completed, shall be at liberty to avail

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   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.)




Narwade


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