Archna Murlidhar Patil and Ors. vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

Archna Murlidhar Patil and Ors. vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition partly allowed: Respondent No.4 (Additional Commissioner, Tribal Development Department, Nashik Division) to scrutinize the petitioners' records and places of deployment within eight weeks; eligible petitioners to be cleared and paid one-step pay-scale salary benefits with arrears and current salaries within four weeks thereafter; petitioners found ineligible to be issued notices and heard; Respondent No.5 (Project Officer, ITDP Nashik) to pass appropriate orders within four months granting one-step pay-scale benefits only to eligible candidates; petitioners facing adverse orders free to pursue statutory remedies; Rule made partly absolute.

Issue for consideration

Whether the respondents can be directed not to revoke the benefits of the Government Resolution dated 06.08.2002 (time-bound promotion) and to pay the petitioners' salaries as per the One Step pay scale under the Government Resolution dated 06.08.2022 while they work in the Tribal-PESA area.

Court's answer

The Additional Commissioner, Tribal Development Department, Nashik Division (Respondent No.4) shall scrutinize the records of all the petitioners and the places at which they are deployed for performing their duties, within a period of eight weeks.

Ratio / Principle

Cases which do not suffer any legal impediment after verification shall be cleared by Respondent No.4, and the salary benefits under the one-step pay-scale available to employees working in tribal and PESA areas shall be paid to such petitioners, along with their arrears and current salaries, within four weeks thereafter.

Key takeaways

If, after scrutiny, any petitioner is found ineligible on the basis of records, Respondent No.4 shall issue notices to each such petitioner enabling them to appear and address him.ratio¶138
After the hearing is completed within four months, Respondent No.5 shall pass appropriate orders and grant the benefit of the one-step pay-scale only to those candidates found to be eligible.ratio¶139
Petitioners who suffer adverse orders upon completion of the verification exercise shall be at liberty to avail of a statutory remedy, as permissible in law.

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Writ Petition No. 3804 of 2024, decided 24.04.2025 (Coram: Ravindra V. Ghuge & Ashwin D. Bhobe, JJ.; oral judgment per Ghuge, J.). Fifty-nine employees of primary and secondary ashram schools in Nashik district sought directions that the benefits of the Government Resolution dated 06.08.2002 (time-bound promotion) not be revoked and that they be paid salaries as per the One Step pay scale under the Government Resolution dated 06.08.2022 while working in the Tribal-PESA area. Noting that several orders in similar matters had been passed permitting the employer to carry out a verification exercise, and that no recovery order existed against these petitioners since monetary benefits were yet to be granted, the Court partly allowed the petition on terms: Respondent No.4 (Additional Commissioner, Tribal Development Department, Nashik Division) to scrutinize the records of all petitioners and their places of deployment within eight weeks; cases free of legal impediment to be cleared and one-step pay-scale salary benefits paid with arrears and current salaries within four weeks thereafter; petitioners found ineligible to be noticed and heard; Respondent No.5 (Project Officer, ITDP Nashik) to pass appropriate orders within four months granting benefits only to eligible candidates; petitioners suffering adverse orders to be at liberty to avail statutory remedies. Rule made partly absolute.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.3804 OF 2024

NIKITAKAILASDARADE Digitallysigned byNIKITAKAILASDARADEDate:2025.04.2911:55:28+0530

Archana Murlidhar Patil

Age: 51, Occu: Service,

Shoba Vasantrao Patil

Age: 57, Occu: Service,

Yashwant Pandurang Surywanshi,

Age: 49, Occu: Service,

Petitioner No.01 To 3 Are R/O. C/O. Primary Ashram School Pimprianchala Tal-Dindori Dist-Nashik.

Ishwar Manga Jagdale,

Age: 51, Occu: Service,

Bharti Ishwar Jagdale,

Age: 47, Occu: Service,

Vijay Dharma Shinde,

Age: 47, Occu: Service,

Nilesh Annasaheb Ajbe, Age: 47, Occu: Service,

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Petitioner No.04 To 07 Are R/O. C/O. Primary Ashram School Kharshet Tal-Trimbakeshwar Dist - Nashik.

Pramod Ambadas Bhande, Age: 55, Occu: Service, R/O. C/O.Primary Ashram School Mulwad Tal -Trimbakeshwar Dist Nashik

Shyam Vinayak Dhongade, Age: 57, Occu: Service,

Manisha Macchindra Chaudhari, Age: 40, Occu: Service,

Somnath Kisan Kokare, Age: 55, Occu: Service,

Petitioner No.09 To 11 Are R/O. C/O. Primary Ashram School Kharshet Tal-Trimbakeshwar Dist - Nashik.

Margaret Vinchet Kandulana, Age: 47, Occu: Service, R/O. C/O. Secondary Ashram School Tilloli Tal-Dindori Dist - Nashik

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Ashok Jayram Bhamre, Age:58 Years, Occu: Service, R/O. C/O. Primary Ashram School Taked Tal-Igatpuri Dist -Nashik

Dagdu Vasantrao Ahire Age:54 Years, Occu: Service,

Madan Trambak Kaule Age:55 Years, Occu: Service,

Ravindra Babulal Thoke Age: 58 Years, Occu: Service,

Shantaram Bhavrao Salve Age: 58 Years, Occu: Service,

Kishor Janardhan Kumbkarn Age: 58 Years, Occu: Service,

Rahul Walu Lahamge Age: 35, Occu: Service,

Petitioner No.14 To 19 Are R/O, C/O. Primary Ashram School Dhamangaon Tal-Igatpuri Dist -Nashik

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Milind Jagannath Ghatkar Age: 49,Occu: Service,

Anil Kashinath Chandwade Age:46, Occu: Service,

Nayna Pandharnath Ahire Age:44, Occu: Service,

Prabhakar Narayan Bagul Age:46, Occu: Service,

Petitioner No.20 To 23 Are R/O. C/O. Primary Ashram School Velunje Tal - Trimbakeshwar Dist -Nashik

Shyamlal Pandhrinath Mahajan Age:35, Occu: Service,

Vinod Sitaram Mali Age:35, Occu: Service,

Sagar Namdev Khade Age:45, Occu: Service,

Dinesh Ramesh Patil Age:36, Occu: Service,

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Sandeep Bhaskar Gamne Age:40, Occu: Service, 29. Surekha Purushotam Chudhari Age:40, Occu: Service, Petitioner No.24 To 29 Are R/O. C/O. Primary Ashram School Mahirawani Tal-Nashik Dist-Nashik 30. Mahadev Murlidhar Mundhe Age:56, Occu: Service, R/O. C/O. Gadagae Maharaj Secondary Ashram School, Berwal Tal-Trimbakeshwar Dist - Nashik

Ramesh Dattatray Pathade Age:44, Occu: Service, R/O. C/O. Secondary Ashram School, Taket Tal-Igatpuri, Dist - Nashik.

Ram Dhruvbal Najan Age:52, Occu: Service, R/O. C/O. Secondary Ashram School, Gopalkhade Tal-Kalwan Dist - Nashik

Rajendra Damu Kalsait Age:49, Occu: Service, R/O. C/O. Secondary Ashram School, Rayate

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Tal-Trimbakeshwar Dist - Nashik

Rajendra Brijlal Raut Age:50, Occu: Service, R/O, C/O. Secondary Ashram School, Rayate Tal-Trimbakeshwar Dist - Nashik

Hemraj Trambak Bhusare Age:50, Occu: Service, R/O. C/O. Secondary Ashram School, Inambari Tal-Peth Dist - Nashik

Prakash Damu Pagar Age:50, Occu: Service, R/O. C/O. Secondary Ashram School, Tipanpada Tal-Dindori Dist - Nashik

Manoj Suresh Sonwane Age: 52, Occu: Service, R/O. C/O. Secondary Ashram School, Cholmukh Tal-Peth Dist - Nashik

Gorakhnath Daulatrao Deshmukh, Age: 49, Occu: Service, R/O. C/O. Secondary Ashram School, Titave Tal-Dindori Dist - Nashik

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Arvind Anant Amarutkar, Age: 50, Occu: Service, R/O. C/O. Secondary Ashram School, Titave Tal-Dindori Dist - Nashik.

Pralad Namdev Bhoi, Age: 50, Occu: Service, R/O. C/O. Secondary Ashram School, Pimpalgaon Tal & Dist - Nashik

Eknath Baraku Navale, Age:50, Occu: Service, R/O. C/O. Secondary Ashram School, Titave Tal-Dindori Dist - Nashik

Navnath Ramkrushna Sanap, Age: 50, Occu: Service, R/O. C/O. Secondary Ashram School, Khed Tal-Igatpuri Dist - Nashik

Manohar Giridhar More, Age: 49, Occu: Service, R/O. C/O. Secondary Ashram School, Khed Tal-Igatpuri Dist - Nashik

Dnyaneshwar Duryodhan Deore, Age: 50, Occu: Service,

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Kapdnis Nilima Nilkanth, Age: 50, Occu: Service,

Sanjay Trambak Mali, Age:50, Occu: Service,

Petitioner No.44 To 46 Are R/O. C/O. Secondary Ashram School, Borvat Tal-Peth Dist - Nashik

Vitthal Trambak Raut, Age: 52, Occu: Service,

R/O. C/O. Secondary Ashram School, Rayate Tal-Trimbakeshwar Dist - Nashik

Bilal Ibrahim Maniyar, Age: 49, Occu: Service, 49. Pratibha Suresh Kale, Age: 50, Occu: Service,

Petitioner No.48 To 49 Are R/O. C/O. Secondary Ashram School, Rayate Tal-Trimbakeshwar Dist - Nashik

Rajendra Atmaram Patil, Age: 50, Occu: Service,

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R/O. C/O. Secondary Ashram School, Devargaon Tal & Dist - Nashik

Balasaheb Nagiram Targe, Age: 50, Occu: Service, R/O. C/O. Secondary Ashram School, Nigdol Tal-Dindori Dist - Nashik

Anita Santosh Nerkar, Age: 50, Occu: Service, R/O. C/O. Secondary Ashram School, Devgaon Tal-Trimbakeshwar Dist - Nashik

Pramila Shankar Savant, Age: 50, Occu: Service, R/O. C/O. Secondary Ashram School, Pimpalgaon (G) Tal & Dist - Nashik

Bhalchandra Kisan Korade, Age:42, Occu: Service, R/O. C/O. Secondary Ashram School, Lohare Tal-Peth Dist-Nashik

Santram Charandas Jadhav, Age: 35, Occu: Service, R/O. C/O. Secondary Ashram School, Manashi Tal-Dindori Dist - Nashik

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Ganesh Umrao Suryawanshi Age:40, Occu: Service,

Laxman Devchand Bedse Age:40, Occu: Service, Petitioner No.56 Το 57 Are R/O. C/O. Primary Ashram School Pimpalvati Tal-Peth, Dist-Nashik

Shivshankar Tabaji Khedkar, Age: 38, Occu: Service, R/O. C/O. Secondary Ashram School, Pimpalvati Tal-Peth, Dist - Nashik

Yogesh Hanuman Kale, Age: 39, Occu: Service, R/O. C/O. Primary Ashram School, Nirgude Tal-Peth, Dist – Nashik ...PETITIONERS

VERSUS

The State of Maharashtra, Through its Principal Secretary, Tribal Development Department, Mantralaya, Mumbai-32.

The State of Maharashtra,

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Through its Principal Secretary, Finance Department, Mantralaya, Mumbai-32.

The Commissioner, Tribal Development Department, Nasik Division, Nashik Old Mumbai-Agra Road, Gadkari Chowk, Nashik.

The Additional Commissioner,

TribalDevelopment Department Nasik Division, Nashik Old Mumbai-Agra Road, Gadkari Chowk, Nashik.

The Project Officer, Integrated

Tribal Development Project, Nashik, Tal. Nashik,

Dist. Nashik. ….RESPONDENTS

Mr. Sandeep S. i/b Mr. Ajay Kanawade for the Petitioners. Mr. V. M. Mali, AGP for the State/Respondent Nos. 1 to 5.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 24^th APRIL, 2025

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ORAL JUDGMENT (PER RAVINDRA V. GHUGE, J.) :

Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

The Petitioners have put forth prayer clause (B), as

under :

“B. By issuing appropriate writ, order or directions, in the like nature, this Hon’ble Court may pleased to direct the respondents not to revoke the benefits of the G R. dated 06.08.2002 though petitioners entitled for time bound promotion and direct the respondents to pay the salaries of the petitioners as per One Step pay scale till petitioners works in the Tribal-PESA area as per G. R. dated 06.08.2022.”

It is undisputed that several orders in similar matters

have been passed by this Court. While disposing off the Petitions, we have permitted the Employer to carry out a verification exercise and, thereafter, initiate appropriate steps. There is no recovery order against the Petitioners, since the monetary benefits are yet to be granted.

In view of the above, this Petition is partly allowed , on

the following terms :

(i) The Additional Commissioner, Tribal Development Department, Nashik Division,

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Nashik/Respondent No.4 shall scrutinize the records of all these Petitioners and the places, at which they are deployed for performing their duties, within a period of eight weeks.

(ii) Those cases, which do not suffer from any legal impediment after verification, shall be cleared by Respondent No.4 and the salary benefits, to which they 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 their arrears, as well as their current salaries, within a period of four weeks thereafter.

(iii) After scrutiny, if any of these Petitioners, on the basis of their records, are found to be ineligible, Respondent No.4 would issue notices to each of such Petitioners, so as to enable them to appear and address him.

(iv) After such hearing, which shall be completed within four months from today, Respondent No.5 shall pass appropriate orders and grant benefits of one-step pay-scale only 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.

5. Rule is made partly absolute in the above terms.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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