Bombay High Court
JYOTI VASANT CHAVANversusTHE STATE OF MAHARASHTRA THRO. ITS SECRETARY
- Decided
- Disposal
- Disposed Off
Holding
Employees serving in tribal and PESA areas are entitled to the one‑step Eksthar pay‑scale benefits and arrears as per the earlier government orders.
Summary
The petitioners, employees of Zilla Parishad working in tribal and PESA areas, sought mandatory direction for the State of Maharashtra to grant them the "Eksthar" one‑step pay‑scale benefits and arrears from the date of their appointments, invoking earlier government orders dated 06‑08‑2002, 06‑08‑2022 and 29‑02‑2024. The State contended that the 12‑year service credit for A.C.P.S. benefits could not be double‑counted with service in PESA areas, and that any increment should be limited to a single increment while serving there. The Court examined prior judgments, notably Writ Petition No. 8824 of 2021, and found the earlier orders applicable, directing the Education Officer of the Zilla Parishad to verify each petitioner’s eligibility within 30 days. Eligible petitioners were ordered to receive the one‑step salary benefits and arrears within 45 days, with a hearing mechanism for those found ineligible, and a provision for recalculating pension benefits of superannuated employees. The Court thus allowed all the writ petitions and set a detailed compliance procedure.
Issues considered
- Whether employees serving in tribal/PESA areas are entitled to the Eksthar one‑step pay‑scale benefits and arrears from the date of appointment.
- Whether the 12‑year service credit for A.C.P.S. benefits can overlap with service in PESA areas.
- Whether the State’s refusal to grant the one‑step increment violates the earlier government orders.
Subjects
- Eksthar
- one‑step pay scale
- tribal areas
- PESA
- salary arrears
- writ of mandamus
- education officer
- Zilla Parishad
- pension recalculation
Judgment
TRUPTI
SADANAND
BAMNE
Digitally signed by 908 common order.odt
TRUPTI SADANAND
BAMNE
Date: 2026.04.15
17:37:13 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(908) WRIT PETITION NO. 4607 OF 2026
Jyoti Vasant Chavan … Petitioner
vs.
The State of Maharashtra & Ors. … Respondents
AND
(909) WRIT PETITION NO. 4608 OF 2026
Sukhdeo Rabhaji Chaskar & Anr. … Petitioners
vs.
The State of Maharashtra & Ors. … Respondents
AND
(915) WRIT PETITION NO. 4640 OF 2026
Sanjay Dagadu Rane & Ors. … Petitioners
vs.
The State of Maharashtra & Ors. … Respondents
AND
(913) WRIT PETITION NO. 4634 OF 2026
Rajendra Nilkanthrao Chavan & Ors. … Petitioners
vs.
The State of Maharashtra & Ors. … Respondents
AND
(912) WRIT PETITION NO. 4633 OF 2026
Balu Kashiba Bangar & Ors. … Petitioners
vs.
The State of Maharashtra & Ors. … Respondents
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AND
(911) WRIT PETITION NO. 4632 OF 2026
Yakub Daud Inamdar & Anr. … Petitioners
vs.
The State of Maharashtra & Ors. … Respondents
AND
(910) WRIT PETITION NO. 4609 OF 2026
Santosh Mahadeo Hande & Ors. … Petitioners
vs.
The State of Maharashtra & Ors. … Respondents
AND
(927) WRIT PETITION NO. 4635 OF 2026
Vishwas Khandu Nalavade & Ors. … Petitioners
vs.
The State of Maharashtra & Ors. … Respondents
…
Mr.S.U.Chaudhari for the Petitioners in all Petitions.
Mrs. D.S.Deshmukh, AGP for the Respondent -State in Serial No. 908.
Mr.V.G.Badgujar, AGP for the Respondent -State in Serial No. 909.
Mrs. P.N.Diwan, AGP for the Respondent -State in Serial No. 910.
Mrs.N.M.Mehra, AGP for the Respondent -State in Serial No. 911.
Mrs.M.P.Thakur, AGP for the Respondent -State in Serial No. 912.
Mr.A.K.Naik, AGP for the Respondent -State in Serial No. 913.
Mr.A.R.Deolekar, AGP for the Respondent -State in Serial No. 915.
Mr. A.C.Bhadang, AGP for the Respondent -State in Serial No. 927.
…
CORAM : RAVINDRA V. GHUGE &
ABHAY MANTRI, JJ.
DATE : APRIL 10, 2026
P.C:
1. In all these Petitions, the Petitioners have put forth identical
prayer clauses. For brevity, we are reproducing Prayer Clauses ‘B’ and ‘C’
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from Writ Petition No. 4607 of 2026, as under :-
‘B] By issuing writ of Mandamus or any other appropriate
writ, order or direction as the case may be, the respondent
authorities may kindly be direct to give / release the benefits
of Eksthar (one step from the initial date of pay scale) from
appointment as per G. R. dated 06.08.2002 & 29.02.2024 as
they is working in Tribal / PESA / difficult isa & direct the
respondents to pay the salary of the Petitioner as per the
Eksthar (one step pay scale) till the Petitioner working in
Tribal /PESA / difficult isa and consequential benefits
including arrears.
C] The Respondent authorities may kindly be direct to pay
arrears of salaries of the Petitioner as per the Eksthar (one
step pay scale) from the initial dates of appointment as they is
working in Tribal Isa from their appointment till today as per
G. R. dated 06.08.2022 issued by the Resp. No. 1 & further
directs not to revoke the benefits of Eksthar (one step pay
scale) as per G. R. dated 06.08.2002 & 29.02.2024 though
petitioner entitled for time bound promotion.”
2. We have considered the submissions of the learned Advocate
for the Petitioners and the learned AGPs for the State Authorities. We have
perused the series of orders passed by this Court in favour of similarly
situated Petitioners, which have been annexed to these Petitions.
3. The learned Advocate for the Petitioners submits that the
orders annexed to these Writ Petitions are applicable to the present cases.
The order dated 21st December, 2021, passed by this Court, at the Principal
Seat, in Writ Petition No.8824 of 2021, is also applicable to this case. All
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the AGPs submit that, 12 years of service, which is reckoned for granting
A.C.P.S. benefits, cannot overlap with the working in the PESA areas.
According to them, once a candidate gets the benefits of the A.C.P.S. in the
form of additional increment, after 12 years, if he/she is in PESA, he/she
would be entitled for one single increment as long as the candidate is
serving in the PESA.
4. In view of the above, all these Writ Petitions are allowed in
the following terms :-
(i) The Education Officer of the Zilla Parishad shall scrutinize the
records of all these Petitioners and the places at which they are
deployed for performing their duties, within a period of 30 days.
(ii) Those cases, which are without any legal impediment after
verification, shall be cleared by the Education Officer 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 along with arrears as
well as their current salaries, within a period of 45 days thereafter.
(iii) After scrutiny, if any of these Petitioners, on the basis of their
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records, are found to be ineligible, the Education Officer, Zilla
Parishad, would issue notices to each of such Petitioners, so as to
enable them to appear before the said authority and address the
Education Officer.
(iv) After such hearing, which shall be completed within 90 days,
the Zilla Parishad shall pass appropriate orders and grant benefits
of one-step pay-scale to those candidates, who are found to be
eligible.
(v) Those Petitioners, who suffer adverse orders after the above
stated exercise is completed, would be at liberty to avail of a
statutory remedy, as is permissible in law.
(vi) If any of these Petitioners have superannuated from service,
their pensionary benefits would be recalculated if they are held to
be eligible for the one step increment.
(ABHAY MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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