Shelar Shyam Shantaram vs the State of Maharashtra Thro. the Secretary — Bombay HC (2026) — LawSathi Research

Shelar Shyam Shantaram vs the State of Maharashtra Thro. the Secretary — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to Respondent No.5/Education Officer (Secondary), Zilla Parishad Thane to scrutinize the Petitioners' records and deployment places within 30 days per G.R. dated 29.02.2024; to clear unimpeded cases and pay one-step pay-scale (Tribal/PESA areas) benefits with arrears and current salary within a further 30 days; to give notice and a hearing (completed within 120 days) to allegedly ineligible Petitioners before passing appropriate orders; adversely affected Petitioners remain free to pursue statutory remedies.

Issue for consideration

Whether the Petitioners, working/posted in Tribal/PESA areas, are entitled to the benefit of promotional scale/one-step pay scale ('Ekstar') from their dates of postings together with arrears of salary, as per G.R. dated 06.08.2002 and G.R. dated 29.02.2024, and to similar directions for scrutiny/verification by respondent Education Officer as in judgments annexed at Exhibit-D.

Ratio / Principle

Having considered the submissions and perused the series of orders passed by this Court in favour of similarly situated Petitioners, the Court found no circumstances which would convince it to take a different view.

Key takeaways

The Writ Petition is allowed: Respondent No.5/The Education Officer (Secondary), Zilla Parishad Thane, shall scrutinize the records of the Petitioners and the places at which they are deployed, within 30 days, considering the Government Resolution dated 29.02.2024.ratio¶27
Cases with no legal impediment after verification shall be cleared by Respondent No.5, and the salary benefits under the one-step pay-scale made available to employees working in Tribal and PESA areas, to which the Petitioners are entitled, shall be paid along with arrears as well as current salary within a further period of 30 days.ratio¶28
If Petitioners are found ineligible on scrutiny, Respondent No.5 shall issue notice enabling them to appear and address the authority; the hearing shall be completed within 120 days, whereafter Respondent No.5 shall pass an appropriate order and grant benefits of one-step pay-scale to candidates found eligible.

Detailed headnote1 paragraphs

Bombay High Court (Ravindra V. Ghuge & Abhay J. Mantri, JJ., 22.01.2026) allowed identically placed Petitioners serving in Tribal/PESA areas who sought the promotional scale/one-step pay scale ('Ekstar') from their dates of postings, with arrears, as per G.R. dated 06.08.2002 and G.R. dated 29.02.2024, relying on the series of earlier orders of the Court including the order dated 21.12.2021 in Writ Petition No.8824 of 2021 (Hiralal Jagannath Bawa and others V/s. The State of Maharashtra and others), which counsel stated was applicable to all such cases. The Court directed Respondent No.5, the Education Officer (Secondary), Zilla Parishad Thane, to scrutinize the Petitioners' records and deployment places within 30 days considering the G.R. dated 29.02.2024; cases without legal impediment were to be cleared and one-step pay-scale benefits paid with arrears and current salary within a further 30 days. If found ineligible, Petitioners were to receive notice and a hearing to be completed within 120 days before an appropriate order granting benefits to eligible candidates; those suffering adverse orders were left free to pursue statutory remedies under the G.R. issued by the General Administration Department.

912.as.wp.1053.2026.odt

Digitally signed by VINA VINA ARVIND ARVIND KHADPE KHADPE Date: 2026.01.27 12:06:49 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL WRIT PETITION NO.1053 OF 2026

Shelar Shyam Shantaram & ors. ….Petitioners

Versus

The State of Maharashtra & ors. ….Respondents

Mr. Ashwin Kapadnis i/b. Mr. Balaji Shinde for the Petitioners. Mrs. Pooja Joshi Deshpande for Respondent Nos.1 to 5.

CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ. DATE : 22^th JANUARY, 2026

P.C. :-

These identically placed Petitioners have put forth

identical Prayer Clause (B)and (C), which read as under :-

“[B] This Honorable court, by issuing writ of mandamus or appropriate writ, order, directions in the like nature, kindly direct the respondents, to grant the benefit of promotional scale/One-step pay scale (Ekstar) from the date of postings in tribal area till the petitioners working in the Tribal/PESA, as per G. R. dated 06.08.2002 and G.R. dated 29.02.2024 and as per judgments of this court, and also directed to pay arrears of salaries as per One-step pay scale.

[C] This Honorable court, by issuing appropriate writ, order, directions in the like nature, kindly issue similar directions issued in judgments annexed at Exhibit-D for making scrutiny and verification against respondent Education Officer for grant of benefits of one step pay scale to the petitioners as per G.R.dtd 06.08.2002 and 29.02.2024.

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We have considered the submissions of the learned Advocates for the respective sides and we have perused the series of orders passed by this Court in favour of similarly situated Petitioners, which have been annexed to the Petition.

In view of the above, we do not find any such circumstances, which would convince us to take a different view.

The learned Advocates representing the respective parties in those cases (orders which have been annexed to the Petition), have clearly stated that the order dated 21.12.2021, passed by this Court at the Principal Seat, in Writ Petition No.8824 of 2021 (Hiralal Jagannath Bawa and others V/s. The State of Maharashtra and others) , is applicable to all such cases.

In view of the above, this Writ Petition is allowed in

the following terms:-

(i) Respondent No.5/The Education Officer (Secondary), Zilla Parishad Thane, shall scrutinize the records of these Petitioners and the places at which they are deployed for performing their

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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 Respondent No.5 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, Respondent No.5, 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, Respondent No.5 shall pass an

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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.

(ABHAY J. MANTRI, J.)

(RAVINDRA V. GHUGE, J.)

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