Bombay High Court

SHAIKH HAMID SHAIKH YAKUB AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petitioners are entitled to the one‑step pay‑scale benefits, and the respondents must implement the same as directed in the earlier order.

Summary

The petitioners, employees working in Tribal and PESA areas, filed writ petitions seeking the benefits of the one‑step pay‑scale (Eksthar) as per the Government Resolution dated 29‑02‑2024. They argued that a prior decision of the Coordinate Bench 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 one‑step pay‑scale. Accordingly, the Court directed the Zilla Parishad Education Officer to scrutinise the petitioners’ records within 30 days and, where no legal impediment existed, to grant the salary benefits and arrears. If any petitioner was found ineligible, a notice and hearing were to be conducted, with a final order to be passed within 120 days. The writ petitions were therefore allowed.

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 petitioners are similarly situated to those in Writ Petition No. 248 of 2026 and thus entitled to the same relief

Subjects

one-step pay scale
Eksthar
Tribal areas
PESA
government resolution
writ petition
salary benefits
employment law

Judgment

2026:BHC-AUG:44519-DB


                                                 1                   51-55-72-75.odt


                        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




              SVH
                                   2                    51-55-72-75.odt


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


SVH
                                  3                      51-55-72-75.odt


         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.)




SVH

Continue reading with your account

Checking your session…