High Court
Legal Reasoning
909 WP NO.7611.2025 + 16-6- ...CORAM : RAVINDRA V. GHUGE ANDY. G. KHOBRAGADE, JJ.Dated : June 27, 2025FINAL ORDER :-1.These identically placed Petitioners have put forth identicalprayer clauses (B) and (C), which read as under:-“[B] This Honorable Court, by issuing writ of mandamus orappropriate writ, order, directions in the like nature, kindlydirect the respondents, to grant the benefit of One-step payscale (Ekstar) from the date of posting in tribal area till thePetitioners working in the Tribal/PESA, as per G. R. dated06.08.2022, and G.R. dated 29.02.2024 and as per judgmentof this Court and also directed to pay arrears of salaries onthe basis of One-step pay scale. [C] This Honorable Court, by issuing appropriate writ, order,directions in the like nature, kindly issue similar directionsissued in judgment annexed at Exhibit-E for making scrutinyand verification against respondent Education Officer forgrant of benefits of one step pay scale to the petitioners as perG. R. dtd 06.08.2002 and 29.02.2024.” 2.We have considered the submissions of the learnedAdvocates for the respective sides and have perused the series of orderspassed by this Court in favour of similarly situated Petitioners, which
Arguments
909 WP NO.7611.2025 + 16-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD909 WRIT PETITION NO. 7611 OF 2025MANISHA VIJAYSING GAVIT AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARYAND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAddl. GP for Respondents-State : Mr. M. M. Nerlikar…AND910 WRIT PETITION NO. 7613 OF 2025MANOJ ONKAR MARATHE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARYAND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State : Mr. S. P. Sonpawale…AND911 WRIT PETITION NO. 7616 OF 2025RAJESH RAMESH CHAUDHARI AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARYAND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Mr. V. M. Kagne… 909 WP NO.7611.2025 + 16-2- AND912 WRIT PETITION NO. 7617 OF 2025SANJAY MANGA BUWA AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARYAND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Ms. Saie S. Joshi …AND913 WRIT PETITION NO. 7624 OF 2025DIPAK KHUSHAL PATIL AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARYAND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Ms. Neha B. Kamble …AND914 WRIT PETITION NO. 7630 OF 2025DEEPAK MANGA BAGALE AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARYAND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Mr. S. V. Hange…AND915 WRIT PETITION NO. 7631 OF 2025 909 WP NO.7611.2025 + 16-3- BHATU SHANKAR VASAIKAR AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARYAND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliGP for Respondents-State :: Mr. A. B. Girase…AND916 WRIT PETITION NO. 7635 OF 2025NARENDRA SHALIKRAO MARATHE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARYAND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Mr. M. M. Nerlikar…AND917 WRIT PETITION NO. 7642 OF 2025PRAMILA PANDIT THAKARE AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARYAND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Mr. S. P. Sonpawale…AND918 WRIT PETITION NO. 7658 OF 2025RAJENDRA VISHNU GAWALE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA AND OTHERS... 909 WP NO.7611.2025 + 16-4- Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Mr.V. M. Kagne…AND919 WRIT PETITION NO. 7660 OF 2025NAMDEO CHAITRAM PATIL AND OTHERSVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAddl. GP for Respondents-State :: Mr. M. M. Nerlikar…AND920 WRIT PETITION NO. 7661 OF 2025RAVINDRA NAMDEO PAWAR AND ANOTHERVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Ms. Saie S. Joshi …AND921 WRIT PETITION NO. 7662 OF 2025ANKUR PRABHAKAR MULEVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Ms. Neha B. Kamble …AND922 WRIT PETITION NO. 7664 OF 2025 909 WP NO.7611.2025 + 16-5- SANJAYKUMAR BHAIDAS PATIL AND OTHERSVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Mr. S. V. Hange…AND923 WRIT PETITION NO. 7665 OF 2025NITA GANGAJI VALVIVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliGP for Respondents-State :: Mr. A. B. Girase…AND924 WRIT PETITION NO. 7666 OF 2025JAYVANT RAMKRUSHANA TIWARIVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAddl. GP for Respondents-State :: Mr. M. M. Nerlikar…AND925 WRIT PETITION NO. 7667 OF 2025CHETAN DAGADU CHAVAN AND OTHERSVERSUSTHE STATE OF MAHARASHTRA AND OTHERS...Advocate for the Petitioners : Ms. Megha Y. MaliAGP for Respondents-State :: Mr. S. P. Sonpawale
Decision
909 WP NO.7611.2025 + 16-7- have been annexed to the Petition.3.Considering the above, we do not find any suchcircumstances, which would convince us to take a different view.4.The learned Advocates representing the respective parties inthose cases (orders which have been annexed to the petition), haveclearly stated that the order passed by this Court at the Principal Seat, inWrit Petition NO.8824/2021 (Hiralal Jagannath Bawa and others vs. TheState of Maharashtra and others), 21.12.2021, is applicable to all suchcases.5.In view of the above, all these Writ Petitions are allowed inthe following terms:- i.The impugned action / orders of recovery initiated by theRespondents, are quashed and set aside.ii.The Respondents viz. The Education Officer (Secondary),Zilla Parishad, Dhule / Nandurbar, / AdditionalCommissioner, Tribal Development / Project Officer TribalDevelopment, shall scrutinize the records of thesePetitioners and the places at which they are deployed forperforming their duties, within a period of 30 days fromtoday, considering the Government Resolution dated29.02.2024.iii.The cases which have no legal impediment afterverification, shall be cleared by the Respondents viz. The 909 WP NO.7611.2025 + 16-8- Education Officer (Secondary), Zilla Parishad, Dhule /Nandurbar, / Additional Commissioner, Tribal Development/ Project Officer Tribal Development, and the salarybenefits, to which the Petitioners are entitled to, in the lightof the one-step pay-scale made available to the employeesworking in the Tribal and PESA areas, shall be paid to themalong with arrears as well as their current salary, within aperiod of 30 days, thereafter.iv.After scrutiny, if the Petitioners, on the basis of their record,are fond to be ineligible, the Respondents viz. TheEducation Officer (Secondary), Zilla Parishad, Dhule /Nandurbar, / Additional Commissioner, Tribal Development/ Project Officer Tribal Development,, would issue notice tothe Petitioners, so as to enable them to appear before thesaid authority and address it. v.After such hearing, which shall be completed within 120days, the Respondents viz. The Education Officer(Secondary), Zilla Parishad, Dhule / Nandurbar, / AdditionalCommissioner, Tribal Development / Project Officer TribalDevelopment, shall pass an appropriate order and grantbenefits of one-step pay-scale to those candidates, who arefound to be eligible.vi.The Petitioners, who may suffer an adverse order after theabove stated exercise is completed, shall be at liberty toavail of a statutory remedy, as is permissible in law and inthe light of the Government Resolution dated 29.02.2024issued by the General Administration Department.(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)Omkar Joshi