Bombay High Court
ATUL KAMALAKAR JOSHI AND ORSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ORS
- Disposal
- DISPOSED OFF
Holding
The petitioners are entitled to the one‑step pay scale benefits and arrears, subject to verification of their records, and the respondents must implement the payment accordingly.
Summary
The petitioners, who are primary and secondary education officers employed by the Zilla Parishad, claimed they were not receiving salary benefits under the one‑step pay scale applicable to employees working in Tribal and PESA areas, despite a Government Resolution dated 29‑02‑2024. They filed a series of writ petitions seeking direction for the payment of the appropriate salary, arrears and clarification of their eligibility. The Court noted that the matter had already been decided in earlier coordinated bench judgments (Writ Petition No. 248 of 2026 and Writ Petition No. 13241 of 2024) which dealt with the same statutory scheme. Relying on those precedents, the Court ordered the Education Officer to verify the petitioners’ records within 30 days, to clear eligible cases and pay the due salary and arrears, and to provide a hearing for any petitioner found ineligible. The Court further directed that any adverse order may be challenged through the statutory remedies available under the same resolution. Consequently, the writ petitions were allowed and the respondents were directed to implement the one‑step pay scale benefits accordingly.
Issues considered
- Whether the petitioners are entitled to salary benefits and arrears under the one‑step pay scale for employees in Tribal and PESA areas as per the Government Resolution dated 29‑02‑2024.
- Whether the respondents must verify the petitioners’ service records and grant the benefits after such verification.
Subjects
- salary benefits
- one step pay scale
- Tribal areas
- PESA
- government resolution
- writ petition
- employment benefits
- public service
Judgment
2026:BHC-AUG:26978-DB
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drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.5576 OF 2026
Subhash Kalshya Rahase and Others PETITIONERS
VERSUS
The State of Maharashtra and Others RESPONDENTS
WRIT PETITION NO.13672 OF 2025
WRIT PETITION NO.13673 OF 2025
WRIT PETITION NO.13674 OF 2025
WRIT PETITION NO.13683 OF 2025
WRIT PETITION NO.13686 OF 2025
WRIT PETITION NO.13702 OF 2025
WRIT PETITION NO.13705 OF 2025
WRIT PETITION NO.13718 OF 2025
WRIT PETITION NO.7330 OF 2026
WRIT PETITION NO.7331 OF 2026
WRIT PETITION NO.7332 OF 2026
WRIT PETITION NO.7333 OF 2026
WRIT PETITION NO.7334 OF 2026
WRIT PETITION NO.7335 OF 2026
WRIT PETITION NO.7336 OF 2026
WRIT PETITION NO.7337 OF 2026
WRIT PETITION NO.7338 OF 2026
WRIT PETITION NO.7339 OF 2026
WRIT PETITION NO.7340 OF 2026
WRIT PETITION NO.7341 OF 2026
WRIT PETITION NO.7342 OF 2026
WRIT PETITION NO.7343 OF 2026
WRIT PETITION NO.7344 OF 2026
WRIT PETITION NO.7345 OF 2026
WRIT PETITION NO.7346 OF 2026
WRIT PETITION NO.7347 OF 2026
WRIT PETITION NO.7348 OF 2026
WRIT PETITION NO.7349 OF 2026
WRIT PETITION NO.7350 OF 2026
WRIT PETITION NO.7351 OF 2026
WRIT PETITION NO.7352 OF 2026
WRIT PETITION NO.7353 OF 2026
WRIT PETITION NO.7354 OF 2026
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WRIT PETITION NO.7355 OF 2026
WRIT PETITION NO.7356 OF 2026
WRIT PETITION NO.7357 OF 2026
WRIT PETITION NO.7358 OF 2026
WRIT PETITION NO.7359 OF 2026
WRIT PETITION NO.7360 OF 2026
WRIT PETITION NO.7361 OF 2026
WRIT PETITION NO.7362 OF 2026
WRIT PETITION NO.7363 OF 2026
WRIT PETITION NO.7364 OF 2026
WRIT PETITION NO.7365 OF 2026
WRIT PETITION NO.7366 OF 2026
WRIT PETITION NO.7367 OF 2026
WRIT PETITION NO.7368 OF 2026
WRIT PETITION NO.7369 OF 2026
WRIT PETITION NO.7371 OF 2026
WRIT PETITION NO.7372 OF 2026
WRIT PETITION NO.7373 OF 2026
WRIT PETITION NO.7374 OF 2026
WRIT PETITION NO.7375 OF 2026
WRIT PETITION NO.7376 OF 2026
WRIT PETITION NO.7377 OF 2026
WRIT PETITION NO.7378 OF 2026
WRIT PETITION NO.7379 OF 2026
WRIT PETITION NO.7380 OF 2026
WRIT PETITION NO.7381 OF 2026
.......
Mr. S. U. Chaudhari h/f Mr. M. R. Suryawanshi and Megha Y. Mali,
Advocates for the Petitioners
Mr. B. B. Bhise and Mr. S. K. Tambe, AGPs for Respondent - State
Mr. Rakesh N. Jain, Advocate for Respondents No.6, 7 and 8
....…
[CORAM : NITIN B. SURYAWANSHI, &
ABASAHEB D. SHINDE, J. J.]
DATE : 7th JULY, 2026
ORDER :
1. Admittedly, the issue raised in these Petitions is squarely
covered by the decisions rendered by the Co-ordinate Bench of
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this Court in Writ Petition No. 248 of 2026 and connected
matters, dated 20th April, 2026 and dated 4th December, 2024 in
Writ Petition No. 13241 of 2024.
2. For the reasons stated in the said orders, the Writ Petitions
stand allowed in the following terms:
I. Respondent / Education Officer (Primary and
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
Respondents 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, the concerned
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Respondent 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, 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.
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 29.02.2024 issued by the General
Administration Department.
[ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ]
JUDGE JUDGE
drp/wp5576-26.doc
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