Arun Rajaram Patil vs the State of Maharashtra through Its Principal Secretary and Others — Bombay HC (2026) — LawSathi Research

Arun Rajaram Patil vs the State of Maharashtra through Its Principal Secretary and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petitions allowed with directions: (i) Respondent/Education Officer (Secondary), Zilla Parishad, to scrutinise the petitioners' records and their places of deployment within 30 days, considering the Government Resolution dated 29.02.2024; (ii) cases having no legal impediment after verification to be cleared, and the one-step payscale benefits available to employees working in Tribal and PESA areas to be paid with arrears and current salary within a further 30 days; (iii) petitioners found ineligible on scrutiny to be noticed so as to appear before the authority and address it; (iv) hearing to be completed within 120 days, whereafter an appropriate order is to be passed granting one-step payscale benefits to those found eligible; (v) petitioners who suffer an adverse order to be at liberty to avail a statutory remedy permissible in law, in light of the Government Resolution dated 29.02.2024 issued by the General Administration Department.

Issue for consideration

Whether the Petitioners are entitled to the benefit of Ekstar (one step promotional pay scale) under the scheme of G.R. dated 06.08.2002 and 29.02.2024 from the date of their appointment in the tribal area, together with payment of salary with arrears by adding one step promotional pay scale. +1 more

Court's answer

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

Ratio / Principle

Scrutiny of the petitioners' eligibility is to be done as per the Government Resolution dated 29.02.2024 (which would also consider the Government Resolution dated 14.08.2008); proposals are not to be allowed without scrutiny, and the action contemplated under the Government Resolution is required to be undertaken only after persons are found eligible.

Key takeaways

The instructions flowing from the Government Resolutions and the Court's prior orders are clear and require no deviation.ratio¶57

Detailed headnote1 paragraphs

Per Court order (Smt. Vibha Kankanwadi & Ajit B. Kadethankar, JJ., Aurangabad Bench, 20.04.2026) allowing a batch of thirty-eight writ petitions of 2026 in which employees serving in tribal/PESA areas sought the Ekstar (one step promotional pay scale) benefit under the Government Resolutions dated 06.08.2002 and 29.02.2024 from the date of appointment in the tribal area, with salary arrears. Relying on its earlier orders — principally Writ Petition No. 8824 of 2021 (Hiralal Jagannath Bawa and others vs. The State of Maharashtra and others, Principal Bench, dated 21.12.2021) and Writ Petition No. 13842/2025 — and finding no circumstance to take a different view despite the learned AGP's objection that the 2002 Resolution applied to Government servants and not to Zilla Parishad employees or employees of private institutions without schools beyond PESA/tribal areas, the Court directed verification-based relief: the Respondent/Education Officer (Secondary), Zilla Parishad, to scrutinise records and deployment places within 30 days per the G.R. dated 29.02.2024; eligible employees to receive one-step payscale benefits with arrears and current salary within a further 30 days; ineligible petitioners to be noticed and heard (exercise to complete within 120 days) before any adverse order; and adversely affected petitioners left free to pursue statutory remedies in light of the G.R. dated 29.02.2024 issued by the General Administration Department.

2026:BHC-AUG:17470-DB

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 6 WRIT PETITION NO. 248 OF 2026 Sanjay Raghunath Pawar & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents ….. 7 WRIT PETITION NO. 249 OF 2026 Seema Shriram Modak & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

8 WRIT PETITION NO. 322 OF 2026 Kisan Shivaji Valvi & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

9 WRIT PETITION NO. 346 OF 2026 Ghansham Rajaram Bedse & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

10 WRIT PETITION NO. 382 OF 2026 Gangaram Kalusing Parmar & others ….Petitioners VERSUS

2 - wp248.26.odt The State of Maharashtra & others …..Respondents ….. 11 WRIT PETITION NO. 672 OF 2026 Pankaj Daga Bedse & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents ….. 12 WRIT PETITION NO. 1284 OF 2026 Sushma Lajras Padvi & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

13 WRIT PETITION NO. 1382 OF 2026 Mangla Narsing Valvi & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

14 WRIT PETITION NO. 3250 OF 2026 Pushpa Hiralal Bagul & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents

3 - wp248.26.odt 15 WRIT PETITION NO. 3251 OF 2026 Sunil Sudam Pardeshi & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

16 WRIT PETITION NO. 3262 OF 2026 Ganesh Bhaurao Belekar & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

17 WRIT PETITION NO. 3263 OF 2026 Ishwar Bhila Pawar & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents ….. 18 WRIT PETITION NO. 3468 OF 2026 Vijay Harish Parmalkar & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents ….. 19 WRIT PETITION NO. 3483 OF 2026 Ashok Bandu Patil & others ….Petitioners VERSUS

4 - wp248.26.odt The State of Maharashtra & others …..Respondents ….. 20 WRIT PETITION NO. 3501 OF 2026 Arun Rajaram Patil ….Petitioner VERSUS The State of Maharashtra & others …..Respondents ..…

21 WRIT PETITION NO. 4087 OF 2026 Anil Subhash Chaudhari ….Petitioner VERSUS The State of Maharashtra & others …..Respondents ….. 22 WRIT PETITION NO. 4093 OF 2026 Ramesh Hanuman Valvi & another ….Petitioners VERSUS The State of Maharashtra & others …..Respondents ….. 23 WRIT PETITION NO. 4094 OF 2026 Manilal Tukaram Patil & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

5 - wp248.26.odt 24 WRIT PETITION NO. 4097 OF 2026 Pruthviraj Atmaran Patil & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

25 WRIT PETITION NO. 4104 OF 2026 Rajendra Soma Parmar & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

26 WRIT PETITION NO. 4105 OF 2026 Prakashbhai Maganbhai Patil & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents ….. 27 WRIT PETITION NO. 4106 OF 2026 Nutanvarsha Rajesh Valvi & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

28 WRIT PETITION NO. 4107 OF 2026 Manohar Sahebrao Salunke & others ….Petitioners

VERSUS

6 - wp248.26.odt The State of Maharashtra & others …..Respondents …..

29 WRIT PETITION NO. 4108 OF 2026 Vinod Dilip Pagare ….Petitioners VERSUS The State of Maharashtra & others …..Respondents ….. 30 WRIT PETITION NO. 4110 OF 2026 Ramkrishna Raghunath Patil & others ….Petitioners VERSUS The State of Maharashtra Through & others …..Respondents ….. 31 WRIT PETITION NO. 4112 OF 2026 Chhaya Sahebrao Bachhao & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents ….. 32 WRIT PETITION NO. 4113 OF 2026 Hemant Tukaram Shirsath & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

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33 WRIT PETITION NO. 4114 OF 2026 Manohar Limba Jadhav & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

34 WRIT PETITION NO. 4115 OF 2026 Rajesh Ranchod Jadhav & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

35 WRIT PETITION NO. 4118 OF 2026 Bharat Sadashiv Shirsath ….Petitioner VERSUS The State of Maharashtra & others …..Respondents …..

36 WRIT PETITION NO. 4120 OF 2026 Rakesh Jaysing Pawara & another ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

37 WRIT PETITION NO. 4121 OF 2026 Ravindra Pandurang Marathe ….Petitioner VERSUS

8 - wp248.26.odt The State of Maharashtra & others …..Respondents ….. 38 WRIT PETITION NO. 4123 OF 2026 Kiran Madhukar Savant & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

39 WRIT PETITION NO. 4124 OF 2026 Jagdish Bhavsing Pawar & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents ….. 40 WRIT PETITION NO. 4129 OF 2026 Pramod Dadaji Shinde ….Petitioner VERSUS The State of Maharashtra & others …..Respondents ….. 41 WRIT PETITION NO. 4130 OF 2026 Shaikh Shakil Mohammad Husain Mohammad & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents …..

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42 WRIT PETITION NO. 4138 OF 2026

Sitadevi Ganesh Chaure & others ….Petitioners VERSUS The State of Maharashtra & others …..Respondents

43 WRIT PETITION NO. 4139 OF 2026

Suvarna Uttam Bhamre & others ….Petitioners

VERSUS

The State of Maharashtra & others …..Respondents

Mr. Amey Sabnis holding for Mr. E. S.Murge, Mr Amol Mali holding for Mrs. Megha Mali, Mr. Yogesh Bolkar, Mr. Suvidh Kulkarni holding for Mr. Y. V. Jaybhaye, Mr. S. M. Pandit, Mr. K. U. Chaudhari, Mr. V. T. Patil, Mr. Ma. R. suryawanshi, Advocates for Petitioners in respective petitions.

Mr. S. K. Tambe, Addl. GP, Mr. R. S. Wani, Mr. A. M. Phule, Ms. N. B. Kamble, Mr. S. B. Pulkundwar, Mr. V. M. Kagne, AGPs for Respondent/State in respective petitions. Mr. P. S. Patil, Advocate for Zilla Parishad, Nandurbar, in Writ Petition Nos. 3250/26 and 3262/2026.

Mr. R. S. Jain, Advocate for Zilla Parishad, Nandurbar, in Writ Petition Nos. 4105/2026, 4138/2026 and 4139/2026.

CORAM : SMT VIBHA KANKANWADI & AJIT B. KADETHANKAR, JJ. DATE : 20^th APRIL, 2026.

PER COURT :

In these petitions, the Petitioners have prayed for the

directions to the Respondents/authorities to give/grant the benefit of

Ekstar (One step promotional pay scale) under scheme of G.R. dated

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06.08.2002 and 29.02.2024 from the date of appointment of the Petitioners in tribal area and further direction to pay the salary with arrears to the Petitioners by adding one step pay promotional pay scale.

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 circumstance, which would convince us to take a different view.

Learned AGP vehemently submitted that the Government Resolution on which the Petitioners are relying i.e. Government Resolution dated 06.08.2002 was applicable to the Government servants and it was not made applicable to the Zilla Parishad employees at that time. Without considering whether the Government Resolutions are applicable to Zilla Parishad employees or not, the concerned officers are now passing the order in view of the orders passed by this Court. Further, when the employees like

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Petitioners are employed by the private institution wherein they do not have any school beyond PESA/tribal area, then the said resolution will not be applicable. A clarification was issued by the Government by Resolution dated 14.08.2008.

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

Now, it is to be noted that when this Court had passed the order in Writ Petition No. 13842/2025, a care was taken to give direction that the concerned officer should consider the Government Resolution. This Court had clearly indicated that the scrutiny will have to be done as per the Government Resolution dated 29.02.2024. Certainly, then the latest Government Resolution would consider the Government Resolution dated 14.08.2008 also. Further, this Court in any of the orders has not given direction that the proposals of the Petitioners or similarly situated persons should be allowed without

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scrutiny. Only after those persons are found eligible then only the action as contemplated under the Government Resolution was required to be undertaken. Therefore, in our opinion, all the instructions are very much clear which require no deviation.

In view of the above, writ petitions stand allowed in the following terms :-

i. Respondent/Education Officer (Secondary), Zilla Parishad, shall scrutinize the records of these Petitioners and the places at which they are deployed for performing 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 after verification, shall be cleared by the concerned Respondent and the salary benefits to which the Petitioners are entitled to, in the light of the one step payscale 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, the concerned Respondent, would issue notice to the Petitioners, so as

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to enable them 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 payscale to those candidates, whoa re 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.

( AJIT B. KADETHANKAR ) JUDGE

( SMT. VIBHA KANKANWADI ) JUDGE

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