Created by Fuzzy Cloud

Bombay High Court

GANESH BHILA MAHAJAN AND ORSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ORS

Disposal
DISPOSED OFF

Holding

The petition is disposed with a direction to the respondent to consider the petitioners' representation in accordance with the specified pay rules and government notifications and to issue a reasoned order within 60 days.

Summary

The petitioners challenged the fixation of their one‑step pay (Ekstar) on the ground that it was not in accordance with the recommendations of the 6th and 7th Pay Commissions. They had submitted a detailed representation on 9 March 2026 to the concerned authority, which remained pending. The Court noted a similar earlier order in Vinod Lahu Patil v. State of Maharashtra (2022). After hearing counsel, the Court held that the petition, being an innocuous prayer, should be disposed by directing the respondent to consider the representation in light of the Maharashtra Civil Services (Revised Pay) Rules, 2009, the 2022 amendment, the Government Resolution of 29 February 2024 and the Government Notification of 30 January 2019. The respondent was ordered to pass a reasoned order within 60 days of receiving the copy of the judgment and communicate the decision to the petitioners.

Issues considered

  • Whether the pay fixation of the petitioners complies with the 6th and 7th Pay Commission recommendations and the applicable Maharashtra Civil Services pay rules.
  • Whether the pending representation dated 9 March 2026 must be considered and decided upon by the respondent.

Legislation cited

Subjects

  • pay fixation
  • Ekstar
  • 6th Pay Commission
  • 7th Pay Commission
  • Maharashtra Civil Services
  • writ petition
  • representation
  • government resolution

Judgment

2026:BHC-AUG:42980-DB
                                                                        10.WP.12345.2026.doc



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  WRIT PETITION NO. 12345 OF 2026

          Ganesh Bhila Mahajan and Others                           ...Petitioners

                   Versus

          The State of Maharashtra and Others                   ...Respondents
                                            ***
           Mr. Murge Estling S., Advocate for the Petitioners.
           Mr. S. K. Tambe, Addl. GP for Respondent – State.
                                            ***
                                     CORAM : NITIN B. SURYAWANSHI AND
                                                 ABASAHEB D. SHINDE, JJ.
                                            DATE     : 16th SEPTEMBER 2026.
          PER COURT :

          1.                 The Petitioners are aggrieved, as according to them, their

          pay fixation of one step pay scale (Ekstar), in accordance with the 6 th

          and 7th Pay Commission recommendations, has been wrongly done.

          The Petitioners have made a detailed representation on 09th March

          2026 addressed to the Respondent – Authorities, which is still pending

          and no decision is taken by the said authority. It is pointed out that,

          in identical set of circumstances, this Court has earlier passed an order

          dated 17th February, 2022 in Writ Petition No.2304 of 2022 (Vinod

          Lahu Patil Vs. The Sate of Maharashtra and Others).


          2.                 We have heard learned advocate for the Petitioners and the

          learned AGP.

          Shrikant Malani                                                        Page 1 of 2
                                                          10.WP.12345.2026.doc




3.                An innocuous prayer is put forth by the Petitioners. As

such, the writ petition is disposed of by directing Respondent No.5 to

consider the representation of the Petitioners dated 09th March 2026 in

the light of the grounds set out by them, strictly in accordance with

law, and by taking into consideration the Notification dated 22 nd April

2009 incorporated in the Maharashtra Civil Services (Revised Pay)

Rules, 2009, the Notification dated 03 rd February 2023 incorporated in

the Maharashtra Civil Services (Revised Pay) (Amendment) Rules,

2022, in the light of the Government Resolution dated 29 th February,

2024 and the Government Notification dated 30 th January, 2019. A

reasoned order be passed on the said representation within a period of

60 days from the date of receipt of copy of this order and communicate

the decision to the Petitioners.




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




Shrikant Malani                                                    Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.