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Bombay High Court
Vivekanand Madhukar Desale And Ors vs The State Of Maharashtra Thr Sec. Gen. ... on 22 January, 2026
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2026:BHC-AS:3531-DB
905.as.wp.13655.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
CIVIL APPELLATE JURISDICTION
VINA
VINA ARVIND
ARVIND KHADPE CIVIL WRIT PETITION NO.13655 OF 2025
KHADPE Date:
2026.01.23
17:07:51
+0530 Vivekanand Madhukar Desale and ors. ....Petitioners
Versus
The State of Maharashtra and ors. ....Respondents
----
Ms. Kainat Jalil Rakhangi for the Petitioners.
Mrs. P. N. Diwan, AGP for Respondent Nos.1 to 4 - State.
Mr. Ajit Savagave, for Respondent Nos. 5 and 6.
----
CORAM : RAVINDRA V. GHUGE &
ABHAY J. MANTRI, JJ.
DATE : 22th JANUARY, 2026
P.C. :-
1. These identically placed Petitioners have put forth
identical Prayer Clause (B)and (C), which read as under :-
"[B] The Hon'ble High court may kindly be pleased to
issue writ of mandamus or appropriate writ,
order, directions in the like nature, thereby
directing the respondents, to grant the benefit of
promotional scale/One-step pay scale (Ekstar) to
the petitioners from the resp. date of their
postings in tribal area till they are working in the
Tribal/PESA area, as per Government Resolution
dated 06.08.2002 and Government Resolution
dated 29.02.2024 and as per judgments of this
court, Furthermore the respondents may also
kindly be directed to pay arrears of salaries on
the basis of One-step pay scale till date.
[C] The Hon'ble High Court may kindly be pleased to
issue appropriate writ, order, directions in the like
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nature, thereby holding and declaring that the
petitioners are entitled for One-step pay scale
(Ekstar) till they are working in Tribal/PESA
area, as per Government Resolution dated
06.08.2002 and Government Resolution dated
29.02.2024 and consequentially set aside
Government Resolution dated. 14.08.2008, to the
extent of restricting and refusing the benefits of
one step pay scale holding the same to be
discriminatory and against the Government
Resolution dated 06.08.2002 and Government
Resolution dated 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
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 V/s. 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
(Primary), 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
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No.5, would issue notice to the 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, 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.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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