MAYURI CHANDRASHEKHAR PATHAK v. THE STATE OF MAHARASHTRA THR. ITS SECRETARY TRIBAL DEVELOPMENT DEPARTMENT AND ORS
WP/11788/2026 · 2026-09-16
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8767 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8767 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
11WP11785-26GRP.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 11785 OF 2026 Pandharinath S/o Trambak Gunjal ...Petitioner Versus The State Of Maharashtra Thr. Its Secretary Tribal Development Department And Ors ...Respondents WITH Writ Petition NO. 11786 OF 2026 Sonali Laxman Shinde And Ors ...Petitioners Versus The State Of Maharashtra Thr. Its Secretary Tribal Development Department And Ors ...Respondents WITH Writ Petition NO. 11787 OF 2026 Digambar Ananda Nikam ...Petitioner Versus The State Of Maharashtra Thru Secretary And Ors ...Respondents WITH Writ Petition NO. 11788 OF 2026 Mayuri Chandrashekhar Pathak ...Petitioner Versus The State Of Maharashtra Thr. Its Secretary Tribal Development Department And Ors ...Respondents WITH Writ Petition NO. 11789 OF 2026 Rahul S/o Sahebrao Aher ...Petitioner Versus The State Of Maharashtra Thr. Its Secretary Tribal Development Department And Ors ...Respondents WITH Writ Petition NO. 11790 OF 2026 Popat Bhaskar Pawar Died Thru Legal Heirs ...Petitioner Versus The State Of Maharashtra Thru Secretary And Ors ...Respondents AND P. V. Rane PRASHANT VILAS RANE Digitally signed by PRASHANT VILAS RANE Date: 2026.09.17 12:38:54 +0530
11WP11785-26GRP.DOC Writ Petition NO. 6907 OF 2026 (NOT ON BOARD TAKEN ON BOARD) SHARAD S/O KISAN BHALERAO AND ORS ...Petitioners Vs THE STATE OF MAHARASHTRA AND ORS ...Respondents AND Writ Petition No. 6908 OF 2026 (NOT ON BOARD TAKEN ON BOARD) SAHEBRAO DADAJI AHIRE AND ORS. ...Petitioners Vs THE STATE OF MAHARASHTRA AND ORS ...Respondents AND Writ Petition (st) No.24523 OF 2026 (NOT ON BOARD TAKEN ON BOARD) ASHROBA RAMA SIRSAT AND ORS. ...Petitioners Vs THE STATE OF MAHARASHTRA AND ORS ...Respondents AND Writ Petition (st) No.26690 OF 2026 (NOT ON BOARD TAKEN ON BOARD) SATISH S/O POPATRAO BIRARI AND ORS ...Petitioners Vs THE STATE OF MAHARASHTRA THR. ITS SECRETARY TRIBAL DEVELOPMENT DEPARTMENT AND ORS. ...Respondents _______ Ms. Megha Y. Mali, for Petitioners. Mr. Onkar A. Chandurkar, Addl. Govt. Pleader with Shri. A. K. Naik, AGP, Mrs. M. P. Thakur, AGP with Mrs. P. J. Gavahne, AGP, Mr. A. R. Deolekar, AGP and Mrs. D. S. Deshmukh, AG P. for the State. Mr. S. H. Kankal, AGP for State in WP 6907/26. Ms. P. N. Diwan, AGP for State in WP 6908/26. Mr. P. N. Mehra, AGP for State in WP (st) no.24523/26. Mr. P. P. Kakade, Addl.Govt.Pleader for State in WP(st) No.26690/26. _______
CORAM:
G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE:
16 SEPTEMBER 2026 P.C.
1. This is a batch of petitions filed by the petitioners praying for the similar reliefs. For convenience, the substantive reliefs as prayed for in Writ Petition P. V. Rane
11WP11785-26GRP.DOC No.11785 of 2026 are required to be noted which read thus:
“A.The Writ Petition may kindly be allowed. B. The resp. authority may kindly be direct to give/release the benefits of Ekstar (one step pay scale) to the petitioner from the initial date of appointment to till his date of retirement from service as per Government Resolution dated 06.08.2002 & 29.02.2024 as he worked in Tribal/PESA / difficult area & direct the respondents to pay the salary of the petitioner as per the Ekstar (one step pay scale) till the petitioner worked in Tribal/PESA/difficult area. By issuing writ of Mandamus or any other appropriate writ, order or direction as the case may be. C. The Respondent authority may kindly be direct to pay arrears of salary, revise the pension of the petitioner including the benefits of one step pay scale i.e. Ekstar from the initial dates of appointment to till his retirement as per Government Resolution dated 06.08.2002 issued by the Resp. No.1 as he was worked in Tribal Area & further directs not to revoke/recover the benefits of Ekstar (one step pay scale) as per Government Resolution dated 06.08.2002 though petitoner granted/ entitled for time bound promotion.”
2. Thus, accordingly, the reliefs which the petitioners are seeking are that the respondents be directed to release and grant the benefit of ‘ ’ एकस्तर (one-step pay scale) as per the Government Resolutions dated 6 August 2002 and 29 February 2024 for the period during which the petitioners worked in tribal area, and accordingly, directions be issued to the respondents to pay the arrears of salary and revise the pension of the petitioners, including the benefit of one-step pay scale, i.e. ‘ ’ एकस्तर , for the entire period during which they worked in such area. 3. Our attention is drawn to a similar proceeding considered by a co-ordinate Bench of this Court at Aurangabad Bench, in Writ Petition No.10930 of 2024 (Ganesh Gangadhar Shimpi & Ors.
v. State of Maharashtra & Ors) along with other connected matters, wherein the co-ordinate Bench of this Court has passed the following order:- P. V. Rane
11WP11785-26GRP.DOC
“4.In view of the above, all these Writ Petitions are allowed in the following terms:- (i) The Education Officer of the Zilla Parishad shall scrutinize the records of all these Petitioners and the places at which they are deployed for performing their duties, within a period of 30 days., (ii)Those cases, which are without any legal impediment after verification, shall be cleared by the Education Officer 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 along with arrears as well as their current salaries, within a period of 45 days thereafter. (iii) After scrutiny, if any of these Petitioners, on the basis of their records, are found to be ineligible, the Education Officer, Zilla Parishad, would issue notices to each of such Petitioners, so as to enable them to appear before the said authority and address the Education Officer. (iv) After such hearing, which shall be completed within 90 days, the Zilla Parishad shall pass appropriate orders and grant benefits of one-step pay-scale to those candidates, who are found to be eligible. (v)Those Petitioners, who suffer adverse orders after the above stated exercise is completed, would be at liberty to avail of a statutory remedy, as is permissible in law. (vi) If any of these petitioners have superannuated from service, their pensionary benefits would be recalculated if they are held to be eligible for the one step increment. 5. We make it clear that, if the Model Code of Conduct is introduced, that would not be an impediment for the compliance of this order.”
4. We are informed that there is an another order passed by a co-ordinate Bench of this Court dated 7 May 2025 in Baban s/o. Ramdas Gunjal & Ors. vs. State of Maharashtra & Ors.
(Writ Petition No.6229 of 2025 & connected matters) which was also disposed of in terms of the orders similar to the orders passed in the proceedings of Ganesh Gangadhar Shimpi & Ors. v. State of Maharashtra & Ors. (Writ Petition No.10930 of 2024 (supra)). 5. In this view of the matter, we are inclined to dispose of this petition in terms of the order dated 4 October 2024 passed by the co-ordinate Bench of this Court in the proceedings of Ganesh Gangadhar Shimpi & Ors. v. State of Maharashtra & Ors. (Writ Petition No.10930 of 2024 (supra)). Page 4 of 5 P. V. Rane
11WP11785-26GRP.DOC
6. Let appropriate steps be taken as directed in paragraph 4(i) of the said order within a period of sixty days from the date of this order. All contentions of the parties in that regard are expressly kept open. 7.
Disposed of in the aforesaid terms. No costs.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) P. V. Rane