NAVNATH MARUTI TORMAL AND ORS v. THE STATE OF MAHARASHTRA THR SECRETARY AND ORS
WP/13352/2026 · 2026-10-12
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20748 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20748 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Prasad IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13352 OF 2026 Navnath Maruti Tormal and Ors. ...Petitioners Versus The State Of Maharashtra Thr Secretary And Ors. ...Respondents _______ Ms. Preeti B. Walimbe a/w Varad V. Sherlekar, Rutika Bhoir for the Petitioners. Mr. P. P. Kakade, Addl. GP a/w Ms. N. M. Mehra, AGP for Respondent-State. Mr. Yogendra Pendse for Respondent Nos. 4 & 5. _______
CORAM:
G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE:
12th OCTOBER 2026 P.C.
1. This petition under Article 226 of the Constitution of India are filed by the Petitioners, who are working in a tribal area as Teachers since the date of their initial appointment and continue to do so to date. The Petitioners are seeking directions to the Respondent Nos. 4 and 5 to pay their salaries as per the one-step promotional pay scale, and payment of arrears of salary and difference of payment, from the date of appointment, as per Government Resolutions (‘GRs’) dated 6th August 2002 and 29th February 2024. 2. We have heard learned counsel for the Petitioners. For convenience, we note the prayers made in the petition, which read as below: p. 1
“a) This Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, to Respondent No. 4 & 5 to implement the Government Resolution dated 06.08.2002 and 29.02.2024 and grant the benefit of "Eksthar Padonnati" (one step promotional pay scale) under the said Government Resolutions from the date of appointment of the Petitioners in the tribal area of Palghar district. b) This Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, to further direct the Respondent Nos. 4 & 5 to pay arrears of salary and also difference of payment, as per the Government Resolution dated 06.08.2002 and 29.02.2024 from the date of appointment of the Petitioner in the tribal area by adding one step promotional pay scale. c) In the alternative, this Hon'ble Court may be pleased to direct the Respondents to decide the individual case of the Petitioners and grant the benefit of one step promotional pay scale to the eligible employees; d) Any other just, appropriate, equitable relief which this Hon'ble High Court may deem fit in this nature of matter, be granted.”
3. The learned counsel for the Petitioners places reliance on the order dated 08th May 2026 passed by the Aurangabad Bench in the matter of Prashant Nimbajirao Bagul & Ors. vs The State of Maharashtra & Ors.1, wherein the Zilla Parishad was directed to grant eligible petitioners/teachers therein the benefit of GR dated 29.02.2024, after scrutinizing their records. 4.
In the aforesaid circumstances, having perused the GRs dated 6th August 2002, 29th February 2024, and the order dated 08th May 2026, we are of the opinion that the interest of justice would be subserved in the Respondents being
directed to consider and decide the Petitioners’ eligibility for one step promotional pay scale, individually, within a period of 6 weeks from today, in accordance with law. Hence, we pass the following order: 1 Writ Petition No. 1348 of 2026 p. 2 ORDER i. Respondent No.5-Education Officer (Primary), Zilla Parishad, shall scrutinise the records of these Petitioners and the places at which they are deployed for performing their duties, within a period of 3 weeks from today, in accordance with the Government Resolution dated 29.02.2024 and/or any other relevant Government Resolution. ii. The cases which have no legal impediment after verification shall be cleared by the Respondent concerned and the salary benefits to which the Petitioners are entitled, 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 3 weeks thereafter. iii. After scrutiny, if the Petitioners, on the basis of their record, are found to be ineligible, the Respondent concerned, 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 8 weeks, the Respondent concerned shall pass an appropriate order and grant benefits of one-step pay-scale to those candidates, who are found to be eligible. p. 3 v. The Petitioners, who may suffer an adverse order after the above stated exercise is completed, shall be at liberty to avail of the legal remedy, as is permissible in law and in the light of the Government Resolution dated 29.02.2024 issued by the General Administration Department and/or any other relevant Government Resolution.
5. All contentions of the parties in that regard are expressly kept open.
6.
Disposed of in the aforesaid terms. No costs.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.) p. 4 PRASAD RAJENDRASING RAJPUT Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.10.17 17:04:07 +0530