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Bombay High Court

SURYAWANSHI NILESH JIVAN 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 authorities must implement the same as directed in the earlier order.

Summary

The petitioners, a group of employees working in Tribal and PESA areas, filed multiple writ petitions seeking the grant of the Eksthar (one‑step) pay‑scale as mandated by the Government Resolution dated 29‑02‑2024. They argued that they are similarly situated to the petitioners in Writ Petition No. 248 of 2026, where the Court had previously ordered the same benefit. The Court examined the earlier order and found that the issue was squarely covered by that decision. Consequently, the Court directed the Education Officer (Secondary), Zilla Parishad, to scrutinise the records of the petitioners within 30 days and, where no legal impediment exists, to pay the one‑step salary benefits along with arrears. The Court also provided a procedure for handling ineligible petitioners, including notice, hearing within 120 days, and a final order granting benefits where appropriate. The writ petitions were therefore allowed.

Issues considered

  • Whether employees working in Tribal and PESA areas are entitled to the one‑step pay‑scale under the Government Resolution dated 29‑02‑2024.
  • Whether the authorities must implement the one‑step pay‑scale and pay arrears to the petitioners.

Subjects

  • one‑step pay scale
  • tribal areas
  • PESA
  • government resolution
  • writ petition
  • salary benefits
  • public service

Judgment

2026:BHC-AUG:44531-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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