Bombay High Court
BEHERE AMOL VISHWASRAO AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court allowed the writ petitions, directing the respondents to implement the one‑step pay‑scale for eligible employees as per the 2024 Government Resolution.
Summary
The petitioners, a group of employees working in Tribal and PESA areas, filed multiple writ petitions seeking the benefit of the one‑step pay‑scale (Eksthar) as mandated by the Government Resolution dated 29‑02‑2024. They relied on a prior decision of the same court in Writ Petition No. 248 of 2026, where similarly situated employees were granted the same relief. The court examined the earlier order and found that the issues raised were identical, thereby extending the same directions to the present petitioners. It ordered the Education Officer (Secondary) of the Zilla Parishad to verify the records of the petitioners within 30 days and, where no legal impediment exists, to grant the one‑step pay‑scale benefits along with arrears. If any petitioner is found ineligible, a notice and hearing within 120 days are to be conducted before a final order is passed. Consequently, all the writ petitions were allowed, directing the respondents to implement the one‑step pay‑scale for eligible petitioners.
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 earlier order in Writ Petition No. 248 of 2026 is applicable to the present petitioners.
Subjects
- one‑step pay scale
- Eksthar
- Tribal areas
- PESA
- Government Resolution 2024
- writ petition
- salary benefits
- verification
Judgment
2026:BHC-AUG:44530-DB
1 WP-12742-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12742 OF 2026
AHIRE RAMCHANDRA AMBAR 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. V. M. Kagne, AGP for respondents/State
…
WRIT PETITION NO. 12890 OF 2026
PATEL BHAGYASHRI VIJAYKUMAR 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. B. B. Bhise, AGP for respondents/State
…
WRIT PETITION NO. 12892 OF 2026
SURYAWANSHI JITENDRA LAXMAN 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. S. K. Tambe, AGP for respondents/State
…
WRIT PETITION NO. 12895 OF 2026
NITIN BANSILAL SAVALE 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. N. D. Batule, AGP for respondents/State
…
WRIT PETITION NO. 12900 OF 2026
BEHERE AMOL VISHWASRAO AND OTHERS
VERSUS
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2 WP-12742-26.odt
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. S. R. Wakle, AGP for respondents/State
…
WRIT PETITION NO. 12908 OF 2026
SURYAWANSHI NILESH JIVAN 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
…
WRIT PETITION NO. 12909 OF 2026
BHATU AANANDA PAWAR 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. N. D. Batule, AGP for respondents/State
…
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 23rd SEPTEMBER, 2026
PER COURT :
1. Not on board. Upon mentioning taken on board.
2. By these writ petitions the petitioners seek directions to
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.
3. Learned advocate for petitioners submits that in the
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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.
4. Perusal of the said decision shows that the issue raised
in these petitions is squarely covered by the said order.
5. 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.
6. 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
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.
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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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