High Court
Facts
*1* 948+wp7488o25+ one stepIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD948 WRIT PETITION NO. 7488 OF 2025NANABHAU JIBHAU BHADANEVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND949 WRIT PETITION NO. 7489 OF 2025VASANT SUKALAL SONAWANE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND951 WRIT PETITION NO. 7515 OF 2025MADHUKAR VISHWASRAO BAGUL AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND954 WRIT PETITION NO. 7581 OF 2025KASHINATH TRAMBAK CHAUDHARIVERSUSTHE STATE OF MAHARASHTRA AND OTHERS…AND955 WRIT PETITION NO. 7582 OF 2025BHARAT VISHNU PATIK DIED THR LRS JIJABAI BHARATPATILVERSUSTHE STATE OF MAHARASHTRA AND OTHERS…AND956 WRIT PETITION NO. 7584 OF 2025 *2* 948+wp7488o25+ one stepSUNIL JAGANTH SANER AND OTHERSVERSUSTHE STATE OF MAHARASHTRA AND OTHERS…AND957 WRIT PETITION NO. 7586 OF 2025AJAY VISHWANATH AMRUTKAR AND OTHERSVERSUSTHE STATE OF MAHARASHTRA AND OTHERS…AND969 WRIT PETITION NO. 2503 OF 2025SURESH JAGANNATH SONARVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND970 WRIT PETITION NO. 2504 OF 2025DAMAYANTI DHARMA VALVIVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND971 WRIT PETITION NO. 2515 OF 2025VASANT VAMAN WAGHVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND972 WRIT PETITION NO. 2530 OF 2025DADAJI BHATU GHARATE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS *3* 948+wp7488o25+ one step…AND973 WRIT PETITION NO. 2564 OF 2025NARAYAN BHATA SAWALE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND974 WRIT PETITION NO. 2565 OF 2025BABAN GONDIRAM BAGULVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND975 WRIT PETITION NO. 2576 OF 2025DINESH NAGO DHANRAJ AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND976 WRIT PETITION NO. 2580 OF 2025GANESH GORAKH MAHAJAN AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND977 WRIT PETITION NO. 2581 OF 2025CHANDRASHEKHAR SUBHASH LOKHANDE ANDOTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND *4* 948+wp7488o25+ one step978 WRIT PETITION NO. 2583 OF 2025AJAY RAJESH MARATHE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND979 WRIT PETITION NO. 2584 OF 2025BHATU RAJESING RAJPUT AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND980 WRIT PETITION NO. 2588 OF 2025SHAKIR AHMED ABDUL QADIR SHAIKHVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND981 WRIT PETITION NO. 2594 OF 2025TUKARAM GANGARAM PATIL AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND982 WRIT PETITION NO. 2608 OF 2025NILESH JAMNADAS SOMANI AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSECRETARY AND OTHERS…AND983 WRIT PETITION NO. 2614 OF 2025POURNIMA RAMAN SONWANE AND OTHERS *5* 948+wp7488o25+ one stepVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND984 WRIT PETITION NO. 2623 OF 2025GULABRAO ZIPARU BACCHAV AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND985 WRIT PETITION NO. 2645 OF 2025HEMANT BHATU AKLADEVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND986 WRIT PETITION NO. 2678 OF 2025PRALHAD VAMAN WAGH AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND987 WRIT PETITION NO. 2685 OF 2025RAJENDRA BHATU SONAWANEVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…AND988 WRIT PETITION NO. 2693 OF 2025DATTU SANTOSH PATIL AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS
Legal Reasoning
*8* 948+wp7488o25+ one stepfrom his appointment to till his retirement asper Government Resolution dated 06.08.2002issued by the Resp. No. 1 & further directs notto revoke/recover the benefits of Ekstar (onestep pay scale) as per Government Resolutiondated 06.08.2002 though petitioner granted/entitled for time bound promotion.”3.We have considered the submissions of the learnedAdvocates for the respective sides and we have perused the seriesof orders passed by this Court in favour of similarly situatedPetitioners, which have been annexed to the Petitions.4. In view of the above, we do not find any suchcircumstances, which would convince us to take a different view.5. The learned Advocates representing the respectiveparties in those cases (orders which have been annexed to thePetitions), have clearly stated that the order passed by this Courtat the Principal Seat, in Writ Petition No. 8824 of 2021 (HiralalJagannath Bawa and others vs. The State of Maharashtraand others), dated 21.12.2021, is applicable to all such cases.6. In view of the above, these Writ Petitions areallowed in the following terms:- *9* 948+wp7488o25+ one stepi. The Respondent- Zilla Parishad shall scrutinize the recordsof these Petitioners and the places at which they are deployed forperforming 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 afterverification, shall be cleared by the Respondent- Zilla Parishadand the salary benefits, to which the Petitioners are entitled to, inthe light of the one- step pay-scale made available to theemployees working in the Tribal and PESA areas, shall be paid tothem along with arrears as well as their current salary, within aperiod of 30 days, thereafter.iii. After scrutiny, if the Petitioners, on the basis of theirrecord, are found to be ineligible, the Respondent- Zilla Parishadwould issue notice to the Petitioners, so as to enable them toappear before the said authority and address it.iv. After such hearing, which shall be completed within 120days, the Respondent- Zilla Parishad shall pass an appropriateorder and grant benefits of one-step pay-scale to thosecandidates, who are found to be eligible. *10* 948+wp7488o25+ one stepv. The Petitioners, who may suffer an adverse order after theabove stated exercise is completed, shall be at liberty to avail of astatutory remedy, as is permissible in law and in the light of theGovernment Resolution dated 29.02.2024 issued by the GeneralAdministration Department. kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)
Arguments
*6* 948+wp7488o25+ one step…ANDWRIT PETITION NO. 7648 OF 2025(Not on the Board. Mentioned. Taken on the Board.)RAVINDRA DHONDU KAKUSTE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…ANDWRIT PETITION NO. 7649 OF 2025(Not on the Board. Mentioned. Taken on the Board.)VAIBHAV RAMESH MOHANE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITSSECRETARY AND OTHERS…Ms.Megha Y. Mali, Advocate for the Petitioners.Shri M.M. Nerlikar, AGP for the Respondents/ State Authoritiesin the Writ Petitions at Sr.Nos.948, 955, 957, 969, 971, 973, 975,977, 978, 980, 981, 983 and in Writ Petition Nos.7648/2025 and7649/2025.Shri V.K. Kagne, AGP for the Respondents/ State Authorities inthe Writ Petition at Sr.No.949.Ms. Saie S. Joshi, AGP for the Respondents/ State Authorities inthe Writ Petition at Sr.No.951. Shri S.V. Hange, AGP for the Respondents/ State Authorities inthe Writ Petition at Sr.No.954.Shri S.D. Ghayal, AGP for the Respondents/ State Authorities inthe Writ Petitions at Sr.Nos.956, 970, 972, 974, 976, 979, 982,984 and 987.Shri S.P. Sonpawale, AGP for the Respondents/ State Authoritiesin the Writ Petitions at Sr.Nos.985, 986 and 988.... *7* 948+wp7488o25+ one step CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ. DATE :- 25th June, 2025Per Court :-1.Since the issue involved in Writ PetitionNos.7648/2025 and 7649/2025 is identical, by consent of theparties, these petitions are taken on the Board.2. These identically placed Petitioners have put forthidentical prayer clauses. For ready reference, prayer clauses (B)and (C) in Writ Petition No.7488/2025, read as under:-“B) The resp. authority may kindly be direct togive/ release the benefits of Ekstar (one steppay scale) to the petitioner from the initial dateof appointment to till his retirement fromservice as per G. R. dated 06.08.2002 as heworked in Tribal/PESA/difficult area though hegranted the benefits of 12 years continuesservice & direct the respondents to pay thesalary of the petitioner as per the Ekstar (onestep pay scale) till the petitioner worked inTribal/PESA/difficult area. By issuing writ ofMandamus or any other appropriate writ,order or direction as the case may be.C) The Respondent authority may kindly be directto pay arrears of salaries, revise the pension ofthe petitioner including the benefits of one steppay scale i.e. Ekstar from the initial date ofappointment as he was worked in Tribal Area