Bombay High Court

SUNIL JIBHAU KHAIRNAR AND ANOTHERversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that petitioners similarly situated as those in Writ Petition No. 248 of 2026 are entitled to the one‑step pay‑scale benefits under the 29‑February‑2024 government resolution and directed the authorities to implement the same.

Summary

The petitioners, employees working in Tribal and PESA areas, filed writ petitions seeking the benefit of the one‑step pay‑scale (Eksthar) as mandated by the Government Resolution dated 29‑02‑2024. They argued that a prior coordinate bench order in Writ Petition No. 248 of 2026 had granted similar relief to similarly situated employees. The Court examined the earlier order and found that the issues were identical, concluding that the petitioners were likewise entitled to the same benefits. Accordingly, the Court directed the Education Officer (Secondary), Zilla Parishad to scrutinise the petitioners' records within 30 days, pay the applicable salary benefits and arrears, and, where ineligible, issue notices for a hearing within 120 days. The Court ordered that eligible petitioners receive the one‑step pay‑scale benefits, thereby allowing the writ petitions.

Issues considered

Whether employees working in Tribal and PESA areas are entitled to the one‑step pay‑scale benefits under the Government Resolution dated 29‑02‑2024.
Whether the authorities are obligated to implement the resolution and pay arrears to the petitioners.
Whether any legal impediment exists to granting the one‑step pay‑scale to the petitioners.

Subjects

one-step pay scale
tribal areas
PESA
government resolution
writ petition
salary benefits
public service employment
government employees

Judgment

2026:BHC-AUG:44517-DB


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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            51 WRIT PETITION NO. 12391 OF 2026

                             SUNIL JIBHAU KHAIRNAR AND ANOTHER
                                             VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
              Mr. S. U. Choudhari a/w Mr. C. B. Choudhari, Advocate h/f Mr. Manoj
              R. Suryawanshi, Advocate For The Petitioner
              Mr. A. B. Girase, GP for respondents/State
              Mr. Rakesh Jain, Advocate For Respondent Zilla Parishad
                                                …
                            55 WRIT PETITION NO. 12395 OF 2026

                             RAJNIKANT VITTHAL BORSE AND OTHERS
                                             VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
              Mr. S. U. Choudhari a/w Mr. C. B. Choudhari, Advocate h/f Mr. Manoj
              R. Suryawanshi, Advocate For The Petitioner
              Mr. A. B. Girase, GP for respondents/State
              Mr. Rakesh Jain, Advocate For Respondent Nos.6 & 9
                                                ...
                            75 WRIT PETITION NO. 12474 OF 2026

                           SHAIKH HAMID SHAIKH YAKUB AND OTHERS
                                             VERSUS
                  THE STATE OF MAHARASHTRA THROUGHITS SECRETARY AND
                                             OTHERS
                                                ...
              Mr. S. U. Choudhari a/w Mr. C. B. Choudhari, Advocate h/f Mr. Manoj
              R. Suryawanshi, Advocate For The Petitioner
              Mr. B. B. Bhise, AGP for respondents/State
              Mr. Rakesh Jain, Advocate For Respondent Zilla Parishad
                                                ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                        DATE : 23rd SEPTEMBER, 2026

              PER COURT :

              1.           By these writ petitions the petitioners seek directions to




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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 petitioners submits that in the

similarly circumstanced petitioners’ cases the Coordinate Bench of

this Court in Writ Petition No.248 of 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 these petitions is squarely covered by the said order.


4.            Since the petitioners are similarly circumstanced like

that of the petitioners in the said order, the petitions deserve to be

allowed by giving same directions.


5.            For the reasons stated in the said order, the writ

petitions are 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


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         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 those 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.



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




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