Bombay High Court
Mahendra Keshav Songale And Ors vs The State Of Maharashtra Thr The ... on 12 November, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:48699-DB
12-WP-13451-2025.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. 13451 OF 2025
Mahendra Keshav Songale And Ors. ... Petitioners
Versus
The State of Maharashtra Thr.
The Secretary General Administration & Ors. ... Respondents
****
Mr. Ashwin Kapadnis i/b Mr. Balaji Shinde, Advocates for the
Petitioners.
Mr. P. P. Kakade Addl. GP a/w Ms. Priyanka Chavan 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 forth 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 posting in tribal area till the Petitioners working
in the Tribal/PESA, as per G. R. dated 06.08.2022, and G.R. dated
29.02.2024 and as per judgment of this Court and also directed to
pay arrears of salaries on the basis of One-step pay scale.
[C] This Honorable Court, by issuing appropriate writ, order,
directions in the like nature, kindly issue similar directions issued
12-WP-13451-2025.odt
in judgment annexed at Exhibit-E 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 Petition.
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 petition), have
clearly stated that the order passed by this Court at the Principal Seat, in
Writ Petition NO.8824/2021 (Hiralal Jagannath Bawa and others vs.
The State of Maharashtra and others), 21.12.2021, is applicable to all
such cases.
5. In view of the above, this Writ Petition is allowed in the
following terms:-
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i. The impugned action of recovery initiated by the Respondents, is
quashed and set aside.
ii. 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.
iii. 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.
iv. After scrutiny, if the Petitioners, on the basis of their record, are
fond to be ineligible, Respondent No.5, would issue notice to the
Petitioners, os as to enable them to appear before the said
authority and address it.
v. 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.
12-WP-13451-2025.odt
vi. 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 la 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.)
