Bombay High Court
LABADE GAJANAN SHANKAR AND ORSversusTHE STATE OF MAHARASHTRA THROU. GENERAL ADMINISTRATION DEPT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The order dated 21 December 2021 in Writ Petition No.8824 of 2021 is applicable to all similar cases, and the petition is allowed directing the grant of one-step pay‑scale benefits after verification.
Summary
The petitioners, employees posted in tribal and PESA areas, sought the grant of the promotional one-step pay scale and arrears of salary from the date of their postings, relying on earlier judgments and Government Resolutions dated 29 February 2024 and 4 June 2025. The respondents, the State of Maharashtra, contested the claim. The Court examined the submissions and prior orders, noting that no special circumstances distinguished this case from earlier ones. It held that the order dated 21 December 2021 in Writ Petition No.8824 of 2021, which extended the one-step pay scale to similarly situated employees, applies here. Accordingly, the petition was allowed, directing the Education Officer to scrutinise records, grant the pay‑scale benefits and arrears to eligible petitioners, and provide a hearing mechanism for those found ineligible.
Issues considered
- Whether the petitioners are entitled to the one-step (promotional) pay scale and arrears of salary for service in tribal/PESA areas.
- Whether the order dated 21 December 2021 in Writ Petition No.8824 of 2021 is applicable to all similar cases.
Subjects
- one-step pay scale
- promotional scale
- tribal area
- PESA
- writ of mandamus
- salary arrears
- government resolution
- scrutiny of records
- eligibility hearing
Judgment
Digitally
signed by
GAURI AMIT 907.WP-2436-2026.odt
GAURI GAEKWAD
AMIT Date:
GAEKWAD 2026.02.23
12:21:37 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2436 OF 2026
Labade Gajanan Shankar & Ors. ….Petitioners
Versus
The State of Maharashtra and Ors. ….Respondents
----
Mr. Ashwin R. Kapadnis a/w. Mr. Balaji Shinde for the Petitioners.
Ms. P.N. Diwan, AGP for the Respondent -State.
----
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 20th FEBRUARY, 2026
P.C. :-
1. The Petitioners have put forth prayer clauses (B) and
(C), which read as under :
[B] This Honorable court, by issuing writ of
mandamus or appropriate writ, order, directions in
the like nature, kindly direct the respondents, to
grant the benefit of promotional scale/One-step
pay scale (Ekstar) from the date of postings in
tribal area till the petitioners working in the
Tribal/PESA, G. R. dated 06.08.2002, 29.02.2024
and G.R. dated 04.06.2025 and as per judgments
of this court, and also directed to pay arrears of
salaries as per One-step pay scale.
[C] This Honorable court, by issuing appropriate
writ, order, directions in the like nature, kindly
issue similar directions issued in judgments
annexed at Exhibit-D for making scrutiny and
verification against respondent Education Officer
for grant of benefits of one step pay scale to the
petitioners as per G.R. dated 06.08.2002,
29.02.2024 and G.R dated 04.06.2025.
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907.WP-2436-2026.odt
2. We have considered the submissions of the learned
Advocates for the respective sides and we have perused the series of
orders passed by this Court in favour of similarly situated
Petitioners, which have been annexed to the Petition.
3. In view of the above, we do not find any such
circumstances, which would convince us to take a different view.
4. The learned Advocates representing the respective
parties in those cases (orders which have been annexed to the
Petition), have clearly stated that the order dated 21st December,
2021, passed by this Court at the Principal Seat, in Writ Petition
No.8824 of 2021 (Hiralal Jagannath Bawa and others V/s. The State
of Maharashtra and others), is applicable to all such cases.
5. In view of the above, this Writ Petition is allowed in the
following terms :
(i) Respondent No.5/The Education Officer
(Secondary), Zilla Parishad Thane, 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 29th February, 2024 and Government
Resolution dated 4th June, 2025.
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907.WP-2436-2026.odt
(ii) The cases which have no legal impediment
after verification, shall be cleared by Respondent
No.5 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.
(iii) After scrutiny, if the Petitioners, on the basis
of their record, are found to be ineligible,
Respondent No.5, would issue notice to the
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, Respondent No.5 shall pass an
appropriate order and grant benefits of one-step
pay-scale to those candidates, who are found to be
eligible.
(v) The Petitioners, who may suffer an adverse
order after the above stated exercise is completed,
shall be at liberty to avail of a statutory remedy, as
is permissible in law and in the light of the
Government Resolution dated 29th February, 2024
issued by the General Administration Department.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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