Bombay High Court

VINAYAK JAISING VASAVEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is allowed, directing the Education Officer to verify eligibility and, where appropriate, grant the one‑step pay scale benefits and arrears to the petitioner.

Summary

The petitioner, a government employee, filed a writ petition seeking entitlement to the one‑step pay scale and related salary arrears applicable to staff serving in Tribal and PESA areas, as per the Government Resolution dated 29‑02‑2024. The High Court noted that the issues were already decided in earlier bench orders (Writ Petition No. 248 of 2026 and Writ Petition No. 13241 of 2024) and therefore allowed the petition. It directed the Education Officer, Zilla Parishad Dhule, to examine the petitioner’s service record within 30 days and, if no legal impediment is found, to grant the one‑step pay scale benefits and arrears. If the petitioner is found ineligible, a notice must be issued for a hearing, after which a final order will be passed within 120 days. The petitioner retains the right to seek statutory remedy against any adverse order.

Issues considered

Whether the petitioner is eligible for the one‑step pay scale benefits under the 29‑02‑2024 Government Resolution for employees in Tribal and PESA areas.
Whether the petitioner is entitled to salary arrears and current salary adjustments in accordance with the one‑step pay scale.
What procedural steps the Education Officer must follow to verify eligibility and issue the benefits.
What statutory remedies are available to the petitioner if an adverse order is made.

Subjects

one step pay scale
Tribal areas
PESA
salary arrears
government resolution
writ petition
public service employment
statutory remedy

Judgment

2026:BHC-AUG:39667-DB

{1} 17-wp-8626-2026

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

17 WRIT PETITION NO. 8626 OF 2026

Vinayak Jaising Vasave
VERSUS
The State Of Maharashtra And Others
...
Mr. Om Pagar h/f Ms. Megha Mali, Advocate for the Petitioner
Ms. Neha Kamble, AGP for State
.......

CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.

DATE : 31st AUGUST, 2026
PER COURT :

1. Admittedly, the issue raised in this Petition is squarely covered by

the decisions rendered by the Co-ordinate Bench of 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 Petition stands

allowed in the following terms:

I. Respondent No. 7/ Education Officer (Secondary), Zilla Parishad
Dhule, shall scrutinize the record of the Petitioner and the place
at which he is deployed for performing his duties, within a period
of 30 days from today, considering the Government Resolution
dated 29.02.2024.
{2} 17-wp-8626-2026

II. The case which has no legal impediment after verification, shall
be cleared by the concerned Respondents and the salary benefits
to which the Petitioner is 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 him along with arrears as well
as his current salary, within a period of 30 days, thereafter.

III. After scrutiny, if the Petitioner, on the basis of his record, is
found to be ineligible, the concerned Respondent would issue
notice to the Petitioner, so as to enable him 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 the candidate, who is
found to be eligible.

V. The Petitioner, 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, J.) (NITIN B. SURYAWANSHI, J.)

Bhagyawant Punde

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