Bombay High Court
Nitin Ashok Shelar And Ors vs The State Of Maharashtra Thr The ... on 12 November, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:48700-DB
13-WP-13452-2025.odt
GAYATRI
Digitally signed
by GAYATRI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJENDRA
RAJENDRA SHIMPI CIVIL APPELLATE JURISDICTION
SHIMPI Date: 2025.11.13
20:11:53 +0530
WRIT PETITION NO. 13452 OF 2025
Nitin Ashok Shelar And Ors. ... Petitioners
Versus
The State of Maharashtra Thr
The Secretary General
Administration Dept And Ors, ... Respondents
****
Mr. Ashwin Kapadnis i/b Mr. Balaji Shinde, Advocates for the
Petitioners.
Ms. Pooja Joshi Deshpande, Advocate for Respondent Nos. 1 to 6.
****
CORAM : RAVINDRA V. GHUGE AND
ASHWIN D. BHOBE, JJ.
DATE : 12th NOVEMBER, 2025
P.C. :
1. These identically placed Petitioners have put identical prayer
clauses (B) and (C), which read as under:-
"[B] This Honorable Court, by issuing writ of mandamus or
appropriate writ, order, directions in the like nature, kindly
direct the respondents, to grant the benefit of One-step pay scale
(Ekstar) from the date of postings in tribal area till the
petitioners working in the Tribal/PESA, as per G. R. dated
06.08.2002, and G.R. dated 29.02.2024 and as per judgments of
this Court, and also directed to pay arrears of salaries as per
One-step pay scale.
13-WP-13452-2025.odt
[C] This Honorable Court, by issuing appropriate writ, order,
directions in the like nature, kindly issue similar directions
issued in judgments annexed at Exhibit-D for making scrutiny
and verification against respondent Education Officer for grant
of benefits of one step pay scale to the petitioners as per G. R.
dtd 06.08.2002 and 29.02.2024."
2. We have considered the submissions of the learned
Advocates for the respective sides and we have perused the series of
orders passed by this Court in favour of similarly situated Petitioners,
which have been annexed to the Petitions.
3. In view of the above, we do not find any such
circumstances, which would convince us to take a different view.
4. The learned Advocates representing the respective parties in
those cases (orders which have been annexed to the Petitions), have
clearly stated that the order dated 21.12.2021, passed by this Court at the
Principal Seat, in Writ Petition No.8824 of 2021 (Hiralal Jagannath
Bawa and others vs. The State of Maharashtra and others), is applicable
to all such cases.
13-WP-13452-2025.odt
5. In view of the above, this Writ Petition is allowed in the
following terms:-
i. Respondent No.5/The Education Officer (Secondary), Zilla
Parishad Palghar, 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 Respondent No.5 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 record,
are found to be ineligible, Respondent No.5, would issue notice
to the Petitioners, so as to enable them to appear before the said
authority and address it.
13-WP-13452-2025.odt
iv. After such hearing, which shall be completed within 120
days, Respondent No.5 shall pass an appropriate order and
grant benefits of one-step-pay-scale to those candidates, who
are found to be eligible.
v. The Petitioners, who may suffer an adverse order after the
above stated exercise is completed, shall be at liberty to avail
of a statutory remedy, as is permissible in law and in the light
of the Government Resolution dated 29.02.2024 issued by the
General Administration Department.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
