77-WP-12457-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12457 OF 2026 Sunil S/o Bhila Jadhav ...Petitioner Versus The State Of Maharashtra Throu. Its Sec. Tribal Development Dept & Ors. ...Respondents WITH WRIT PETITION NO. 12458 OF 2026 Apeksha Rajaram Shirsath ...Petitioner Versus The State Of Maharashtra Thr Sec. Tribal Development Dept. & Ors. ...Respondents WITH WRIT PETITION NO. 12459 OF 2026 Vaman Tryambak Khairnar & Ors. ...Petitioners Versus The State Of Maharashtra Thr. Its Secretary Tribal Development Department & Ors. ...Respondents _______ Ms. Megha Y Mali for the Petitioner in all petitions Mr. A. K.Naik, AGP in WP/12457/2026 Ms. Priyanka B. Chavan, AGP in WP/12458/2026 Ms. P. N. Diwan, AGP, State in WP/12459/2026 _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 30th SEPTEMBER 2026 P.C. 1. These petitions under Article 226 of the Constitution of India is filed by the Petitioners, who are working in a tribal area since the date of their initial appointment and continue to do so till date, seeking directions to the Respondents to grant them the benefit of the increment with grade pay as per Notification dated Ajit Pathrikar AJIT RAMESH PATHRIKAR Digitally signed by AJIT RAMESH PATHRIKAR Date: 2026.10.09 13:52:00 +0530 77-WP-12457-2026.DOC 3rd February 2023. The Petitioners further seek a direction to grant them the benefit of one-step promotional pay scale with grade pay of Rs.4300 & 4800 under the 6th Pay Commission, in view of the said Notification. The Petitioners have also sought a direction that their salaries be paid as per the extent of the one-step pay scale as per Government Resolutions (GRs) dated 6th August 2002 and 29th February 2024, including the promotional pay scale with grade pay, for the period during which the Petitioners were working in the tribal area. 2. We have heard learned counsel for the Petitioners. For convenience, we note the prayers made in the petition, which read as under: “A. The Writ Petition may kindly be allowed. B. The respondent authority (Resp. No. 4 to 6) may kindly be direct to decide the representation in respect of grade pay from 4200 to 4300 & 4400-4800 in 6 th pay commission. By issuing writ of Mandamus or any other appropriate writ, order or direction as the case may be. C. The Hon'ble High Court, By issuing appropriate writ, order or direction may kindly be direct the resp. No. 4 & 6 to consider the case of the petitioner in view of Govt. resolution dated 06.08.2002 & Notification dated 03.02.2023 issued by the Deputy Secretary of Finance Dept., D. The Respondent authority (Resp. No. 4 to 6) may kindly be direct to extend the benefit of one step promotion pay scale to the petitioners & grant the pay scale in 6th pay commission is 9300-34800 with grade pay 4300 & 9300-34800 with Grade pay 4800 to the Secondary Teachers as they are working in tribal area.” 3. The learned counsel for the Petitioners has placed reliance on the order dated 30th February 2026 passed by a Co-ordinate Bench of this Court in a batch of petitions, including Sanjay S/o. Daulat Deore & Ors. vs. State of Maharashtra & Ors. (Writ Petition No. 2099 of 2026) along with other connected petitions. In similar circumstances, this Court passed the following order: Ajit Pathrikar 77-WP-12457-2026.DOC “P.C: 1. The Petitioners before us are aggrieved that their pay fixation in accordance with the 6th and 7th Pay Commission recommendations, has been erroneously settled. Detailed representations dated 09.12.2025, 16.12.2025, 17.12.2025, 29.12.2025, 01.01.2026 and 30/31.12.2025 respectively, addressed to Respondent Nos.4 and 5 Authority, are pending and no decision is delivered by the said authority. It is pointed out that in identical set of circumstances, this Court has earlier passed an order dated 17.02.2022 in Writ Petition No.2304 of 2022 filed by Vinod Lahu Patil Vs. The State of Maharashtra and Ors. 2. An innocuous prayer is put forth. We have heard the learned AGPs on behalf of Respondent Nos.1 to 4. We are not required to issue notice to Respondent Nos.5 and 6. 3. As such, these Petitions are disposed off. We direct Respondent Nos.4 and 5 to consider the representations dated 09.12.2025, 16.12.2025, 17.12.2025, 29.12.2025, 01.01.2026 and 30/31.12.2025 in the light of the grounds set out by the Petitioners, strictly in accordance with law and by considering the notification dated 22.04.2009 incorporated in the Maharashtra Civil Services (Revised Pay) Rules, 2009 and the notification dated 03.02.2023 incorporated in the Maharashtra Civil Services (Revised Pay) (Amendment) Rules, 2022. A reasoned order be passed on the said representation within 60 days from today.” 4. The learned counsel for the Petitioners has drawn our attention to the GR dated 6th August 2002, the notification dated 3rd February 2023 issued by the Deputy Secretary, and the order dated 6th August 2024, whereby similarly placed employees who had worked in a tribal area were granted the benefit of the grade pay as prayed for by the Petitioners. The Petitioners’ contention is that they cannot be discriminated and are required to be treated at par with the similarly placed employees, particularly in view of the order dated 6th August 2024 granting the benefit of the said pay scale. No reasons are set out as to why the Petitioners are not granted the said benefits. Page 3 of 4 Ajit Pathrikar 77-WP-12457-2026.DOC 5. In the aforesaid circumstances, having perused the GRs dated 6th August 2002 and 29th February 2024, as also the notification dated 3rd February 2023, we are of the opinion that, in the interest of justice, the applications/proposals made by the management in the present petitions be considered and decided by the Chief Executive Officer, Zilla Parishad, Nashik, in accordance with law, after considering the entitlement of the Petitioners to the pay scale to which they are so eligible. 6. The Division Bench has passed similar directions in the order passed in the batch of petitions in Sanjay S/o. Daulat Deore & Ors. (supra). We have also, in fact, disposed of these petitions in terms of similar directions as contained in paragraph 3 of the said order. 7. All contentions of the parties in that regard are expressly kept open. 8. Disposed of in the aforesaid terms. No costs. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) Ajit Pathrikar