Bombay High Court
Popat Bhilaji Vishwas And Ors vs The State Of Maharashtra Thru. ... on 4 September, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:37429-DB
915-WP-11562-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
JYOTI
RAJESH
MANE WRIT PETITION NO.11562 OF 2025
Digitally signed by
JYOTI RAJESH
MANE Popat Bhilaji Vishwas And Ors. ...Petitioners
Date: 2025.09.09
13:58:23 +0530
Versus
The State Of Maharashtra
Through the Secretary,
General Administration Department,
Mantralaya, Mumbai And Ors. ...Respondents
Mr. Ashwin R. Kapadnis a/w. Mr. Balaji Shinde, for Petitioners.
Mr. P. P. Kakade Addl. G.P. a/w. Ms. Priyanka Chavan, AGP for
Respondent/State.
CORAM : RAVINDRA V. GHUGE &
GAUTAM A. ANKHAD, JJ.
DATE : 4th SEPTEMBER, 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 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.
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[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.
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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 Nashik, 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
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915-WP-11562-25
enable them to appear before the said authority and
address it.
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.
(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.)
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