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2026 DAILYLAW 3526 (BOM)

MOHAMMAD RAZA ABDUL SAMAD SHAIKH AND ANOTHER v. THE STATE OF MAHARASHTRA TRIBAL DEVELOPMENT DEPARTMENT AND OTHERS

WP/10057/2026 · 2026-08-17

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Judgment text

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1 81-WP-10039-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 81 WRIT PETITION NO. 10039 OF 2026 ISMAILKHA MOHAMMADKHA PATHAN AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH TRIBAL DEVELOPMENT DEPARTMENT AND OTHERS ... Mr. Chetan Choudhari, Advocate h/f Mr. Manoj R. Suryawanshi, Advocate for the Petitioner Mr. N. S. Tekale, AGP for Respondents/State ... 89 WRIT PETITION NO. 10057 OF 2026 MOHAMMAD RAZA ABDUL SAMAD SHAIKH AND ANOTHER VERSUS THE STATE OF MAHARASHTRA TRIBAL DEVELOPMENT DEPARTMENT AND OTHERS ... Mr. Chetan Choudhari, Advocate h/f Mr. Manoj R. Suryawanshi, Advocate for the Petitioner Mr. V. M. Kagne AGP for Respondents/State Mr. Rakesh N. Jain, Advocate for Respondent Nos.6 to 9 ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 17th AUGUST, 2026 PER COURT : 1. By these writ petitions the petitioners seek 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 petitioners submits that in the similarly circumstanced petitioners’ cases the Coordinate Bench of SVH 2026:BHC-AUG:37391-DB 2 81-WP-10039-26.odt 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 these petitions is squarely covered by the said order. 4. Since the petitioners are similarly circumstanced like that of the petitioners in the said order, the petitions deserve to be allowed by giving same directions. 5. For the reasons stated in the said order, the writ petitions are 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 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 SVH 3 81-WP-10039-26.odt record, are found to be ineligible, the concerned Respondent would issue notice to those 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, 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.) SVH