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2026 DAILYLAW 20600 (BOM)

DIPIKA HITESH SHAH v. THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

WP/13495/2026 · 2026-10-08

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Judgment text

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(1) 34wp13495.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 34 WRIT PETITION NO. 13495 OF 2026 Dipika Hitesh Shah ….Petitioner VERSUS The State Of Maharashtra Thr Its Secretary And Others …..Respondents Mr. K. U. Chaudhari, Advocate for the Petitioner Mr. M. K. Goyanka, AGP for the respondent/State CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, J. J. DATE : 08th OCTOBER, 2026 PER COURT : 1. By this writ petition the petitioner seeks directions to the respondents authorities to give benefits of Eksthar (one step pay- scale) since they are working in the Tribal and PESA areas, in terms of Government Resolution date 29.02.2024. 2. Learned advocate for the petitioner submits that in similarly circumstanced petitioners cases a coordinate Bench of this Court in Writ Petition No.248/2026 and connected matters, by order dated 20.04.2026, has allowed the writ petitions. 3. Perusal of the said decision shows that the issue raised in this petition is squarely covered by the said order. 1 of 3 2026:BHC-AUG:48538-DB (2) 34wp13495.26 4. Since the petitioner is similarly circumstanced like that of the petitioners in the said order, the petition deserves to be allowed by giving same directions. 5. For the reasons stated in the said order, writ petition is allowed in the following terms : I. Respondent/Education Officer (Primary), Zilla Parishad, shall scrutinize the records of this Petitioner and the places at which she is deployed for performing her 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 Petitioner is 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 her along with arrears as well as her current salary, within a period of 30 days, thereafter. III. After scrutiny, if the Petitioner, on the basis of her record, is found to be ineligible, the concerned Respondent, would issue notice to the Petitioner, so as to 2 of 3 (3) 34wp13495.26 enable her 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 pay- scale to those candidates, who are found to be eligible [ABASAHEB D. SHINDE, J. ] [NITIN B. SURYAWANSHI, J.] VishalK/34wp13495.26 3 of 3