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Bombay High Court

SMT PAGAR SUNITA DASHRATH AND ORSversusTHE STATE OF MAHARASHTRA THROU. THE SEC. GENERAL ADMINISTRATION DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that the precedent of Writ Petition No.8824 of 2021 applies, and the petitioners are entitled to the one-step pay scale and arrears, subject to verification of eligibility by the Education Officer.

Summary

The petitioners, employees posted in tribal and PESA areas, sought a writ directing the State to grant them the promotional one-step pay scale and arrears from the dates of relevant government resolutions. The High Court examined the petitioners' prayer clauses and considered prior orders of the same court in similar cases. It found no reason to depart from the precedent set in Writ Petition No.8824 of 2021, which applied the one-step pay scale to all similarly situated employees. Accordingly, the court ordered the Education Officer to scrutinize the petitioners' records within 30 days and, where no legal impediment exists, to pay the entitled salary benefits and arrears. If any petitioner is found ineligible, the officer must issue a notice, conduct a hearing within 120 days, and pass an appropriate order. The petition was allowed, directing compliance with the government resolutions dated 29 February 2024 and 4 June 2025.

Issues considered

  • Whether the petitioners are entitled to the one-step (Ekstar) pay scale and arrears for service in tribal/PESA areas as per the government resolutions.
  • Whether the precedent set in Writ Petition No.8824 of 2021 is applicable to the present petition.
  • Whether the Education Officer must verify eligibility and grant the salary benefits within the stipulated time frames.

Subjects

  • one-step pay scale
  • tribal area
  • PESA
  • salary arrears
  • writ of mandamus
  • government resolution
  • record scrutiny
  • eligibility verification

Judgment

        Digitally
        signed by
        GAURI AMIT                                                          909.WP-2438-2026.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.2438 OF 2026
                Pagar Sunita Dasharath & Ors.              ….Petitioners
                          Versus
                The State of Maharashtra and Ors. ….Respondents
                                               ----
                Mr. Ashwin R. Kapadnis a/w. Mr. Balaji Shinde for the Petitioners.
                Mr. P.P. Kakade, Addl. GP a/w. Ms. Priyanka Chavan, 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

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                                                              909.WP-2438-2026.odt




                petitioners as per G.R. dated 06.08.2002,
                29.02.2024 and G.R dated 04.06.2025.


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 Nashik, 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

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                                                                909.WP-2438-2026.odt




                today, considering the Government Resolution
                dated 29th February, 2024 and Government
                Resolution dated 4th June, 2025.

                (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.)




Gauri Gaekwad                           3 of 3


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