Bombay High Court
KISAN SHIVAJI VALVI AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the authority must examine the petitioners' representation in accordance with the Maharashtra Civil Services (Revised Pay) Rules and related government notifications and issue a reasoned order within 60 days.
Summary
The petitioners challenged the fixation of their one‑step pay (Ekstar) under the 6th and 7th Pay Commission recommendations, alleging it was done incorrectly. They had submitted a detailed representation on 20 July 2026 to the concerned authority, which remained pending. The Court noted a prior judgment (Vinod Lahu Patil v. State of Maharashtra, 2022) on similar facts. It directed Respondent No. 5 to consider the representation in light of the Maharashtra Civil Services (Revised Pay) Rules, 2009, its 2022 amendment, the Government Resolution of 29 February 2024 and the Notification of 30 January 2019. The authority must pass a reasoned order within 60 days of receiving the copy of the order and communicate the decision to the petitioners. The writ petition was consequently disposed.
Issues considered
- Whether the fixation of one‑step pay (Ekstar) for the petitioners was in conformity with the 6th and 7th Pay Commission recommendations and the applicable Maharashtra Civil Services pay rules.
- Whether the pending representation dated 20 July 2026 must be considered and a reasoned order issued by the authority.
Legislation cited
- Maharashtra Civil Services (Revised Pay) (Amendment) Rules, 2022
- Maharashtra Civil Services (Revised Pay) Rules
Subjects
- pay fixation
- Ekstar
- 6th Pay Commission
- 7th Pay Commission
- Maharashtra Civil Services
- writ petition
- government resolution
- representation
Judgment
2026:BHC-AUG:44513-DB
1 72-WP-12471-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12471 OF 2026
KISAN SHIVAJI VALVI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Estling S.Murge, Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondents/State
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 23rd 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 6th and 7th Pay Commission recommendations, has been wrongly
done. They have made a detailed representation on 20 th July, 2026
addressed to 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 V/s The State of Maharashtra and Others).
2. We have heard learned Advocate for the Petitioners and
the learned AGP.
3. An innocuous prayer is put forth by the Petitioners. As
such, the Writ Petition is disposed of by directing Respondent No. 5
SVH
2 72-WP-12471-26.odt
to consider the representation of the Petitioners dated 20 th July,
2026 in the light of the grounds set out by them, strictly in
accordance with law and by taking into consideration the
notification dated 22nd April, 2009 incorporated in the Maharashtra
Civil Services (Revised Pay) Rules, 2009 and the notification dated
3rd February, 2023 incorporated in the Maharashtra Civil Services
(Revised Pay) (Amendment) Rules, 2022 and in the light of the
Government Resolution dated 29th February, 2024 and Government
Notification dated 30th 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.)
SVH
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