Bombay High Court
Sitadevi Ganesh Chaure And Others vs The State Of Maharashtra Through Its ... on 20 April, 2026
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2026:BHC-AUG:17492-DB
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
6 WRIT PETITION NO. 248 OF 2026
Sanjay Raghunath Pawar & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
7 WRIT PETITION NO. 249 OF 2026
Seema Shriram Modak & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
8 WRIT PETITION NO. 322 OF 2026
Kisan Shivaji Valvi & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
9 WRIT PETITION NO. 346 OF 2026
Ghansham Rajaram Bedse & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
10 WRIT PETITION NO. 382 OF 2026
Gangaram Kalusing Parmar & others ....Petitioners
VERSUS
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The State of Maharashtra & others .....Respondents
.....
11 WRIT PETITION NO. 672 OF 2026
Pankaj Daga Bedse & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
12 WRIT PETITION NO. 1284 OF 2026
Sushma Lajras Padvi & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
13 WRIT PETITION NO. 1382 OF 2026
Mangla Narsing Valvi & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
14 WRIT PETITION NO. 3250 OF 2026
Pushpa Hiralal Bagul & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
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15 WRIT PETITION NO. 3251 OF 2026
Sunil Sudam Pardeshi & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
16 WRIT PETITION NO. 3262 OF 2026
Ganesh Bhaurao Belekar & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
17 WRIT PETITION NO. 3263 OF 2026
Ishwar Bhila Pawar & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
18 WRIT PETITION NO. 3468 OF 2026
Vijay Harish Parmalkar & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
19 WRIT PETITION NO. 3483 OF 2026
Ashok Bandu Patil & others ....Petitioners
VERSUS
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The State of Maharashtra & others .....Respondents
.....
20 WRIT PETITION NO. 3501 OF 2026
Arun Rajaram Patil ....Petitioner
VERSUS
The State of Maharashtra & others .....Respondents
.....
21 WRIT PETITION NO. 4087 OF 2026
Anil Subhash Chaudhari ....Petitioner
VERSUS
The State of Maharashtra & others .....Respondents
.....
22 WRIT PETITION NO. 4093 OF 2026
Ramesh Hanuman Valvi & another ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
23 WRIT PETITION NO. 4094 OF 2026
Manilal Tukaram Patil & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
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24 WRIT PETITION NO. 4097 OF 2026
Pruthviraj Atmaran Patil & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
25 WRIT PETITION NO. 4104 OF 2026
Rajendra Soma Parmar & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
26 WRIT PETITION NO. 4105 OF 2026
Prakashbhai Maganbhai Patil & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
27 WRIT PETITION NO. 4106 OF 2026
Nutanvarsha Rajesh Valvi & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
28 WRIT PETITION NO. 4107 OF 2026
Manohar Sahebrao Salunke & others ....Petitioners
VERSUS
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The State of Maharashtra & others .....Respondents
.....
29 WRIT PETITION NO. 4108 OF 2026
Vinod Dilip Pagare ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
30 WRIT PETITION NO. 4110 OF 2026
Ramkrishna Raghunath Patil & others ....Petitioners
VERSUS
The State of Maharashtra Through & others .....Respondents
.....
31 WRIT PETITION NO. 4112 OF 2026
Chhaya Sahebrao Bachhao & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
32 WRIT PETITION NO. 4113 OF 2026
Hemant Tukaram Shirsath & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
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33 WRIT PETITION NO. 4114 OF 2026
Manohar Limba Jadhav & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
34 WRIT PETITION NO. 4115 OF 2026
Rajesh Ranchod Jadhav & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
35 WRIT PETITION NO. 4118 OF 2026
Bharat Sadashiv Shirsath ....Petitioner
VERSUS
The State of Maharashtra & others .....Respondents
.....
36 WRIT PETITION NO. 4120 OF 2026
Rakesh Jaysing Pawara & another ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
37 WRIT PETITION NO. 4121 OF 2026
Ravindra Pandurang Marathe ....Petitioner
VERSUS
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The State of Maharashtra & others .....Respondents
.....
38 WRIT PETITION NO. 4123 OF 2026
Kiran Madhukar Savant & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
39 WRIT PETITION NO. 4124 OF 2026
Jagdish Bhavsing Pawar & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
40 WRIT PETITION NO. 4129 OF 2026
Pramod Dadaji Shinde ....Petitioner
VERSUS
The State of Maharashtra & others .....Respondents
.....
41 WRIT PETITION NO. 4130 OF 2026
Shaikh Shakil Mohammad Husain Mohammad
& others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
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42 WRIT PETITION NO. 4138 OF 2026
Sitadevi Ganesh Chaure & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
43 WRIT PETITION NO. 4139 OF 2026
Suvarna Uttam Bhamre & others ....Petitioners
VERSUS
The State of Maharashtra & others .....Respondents
.....
Mr. Amey Sabnis holding for Mr. E. S.Murge, Mr Amol Mali holding
for Mrs. Megha Mali, Mr. Yogesh Bolkar, Mr. Suvidh Kulkarni holding
for Mr. Y. V. Jaybhaye, Mr. S. M. Pandit, Mr. K. U. Chaudhari, Mr. V.
T. Patil, Mr. Ma. R. suryawanshi, Advocates for Petitioners in
respective petitions.
Mr. S. K. Tambe, Addl. GP, Mr. R. S. Wani, Mr. A. M. Phule, Ms. N. B.
Kamble, Mr. S. B. Pulkundwar, Mr. V. M. Kagne, AGPs for
Respondent/State in respective petitions.
Mr. P. S. Patil, Advocate for Zilla Parishad, Nandurbar, in Writ
Petition Nos. 3250/26 and 3262/2026.
Mr. R. S. Jain, Advocate for Zilla Parishad, Nandurbar, in Writ
Petition Nos. 4105/2026, 4138/2026 and 4139/2026.
CORAM : SMT VIBHA KANKANWADI
& AJIT B. KADETHANKAR, JJ.
DATE : 20th APRIL, 2026. PER COURT :
1. In these petitions, the Petitioners have prayed for the directions to the Respondents/authorities to give/grant the benefit of Ekstar (One step promotional pay scale) under scheme of G.R. dated
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wp248.26.odt 06.08.2002 and 29.02.2024 from the date of appointment of the Petitioners in tribal area and further direction to pay the salary with arrears to the Petitioners by adding one step pay promotional pay scale.
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 circumstance, which would convince us to take a different view.
4. Learned AGP vehemently submitted that the Government Resolution on which the Petitioners are relying i.e. Government Resolution dated 06.08.2002 was applicable to the Government servants and it was not made applicable to the Zilla Parishad employees at that time. Without considering whether the Government Resolutions are applicable to Zilla Parishad employees or not, the concerned officers are now passing the order in view of the orders passed by this Court. Further, when the employees like
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wp248.26.odt Petitioners are employed by the private institution wherein they do not have any school beyond PESA/tribal area, then the said resolution will not be applicable. A clarification was issued by the Government by Resolution dated 14.08.2008.
5. 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 Bench, in Writ Petition No. 8824 of 2021 (Hiralal Jagannath Bawa and others vs. The State of Maharashtra and others), dated 21.12.2021, is applicable to all such cases.
6. Now, it is to be noted that when this Court had passed the order in Writ Petition No. 13842/2025, a care was taken to give direction that the concerned officer should consider the Government Resolution. This Court had clearly indicated that the scrutiny will have to be done as per the Government Resolution dated 29.02.2024. Certainly, then the latest Government Resolution would consider the Government Resolution dated 14.08.2008 also. Further, this Court in any of the orders has not given direction that the proposals of the Petitioners or similarly situated persons should be allowed without
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wp248.26.odt scrutiny. Only after those persons are found eligible then only the action as contemplated under the Government Resolution was required to be undertaken. Therefore, in our opinion, all the instructions are very much clear which require no deviation.
7. In view of the above, writ petitions stand allowed in the following terms :-
i. Respondent/Education Officer (Secondary), Zilla Parishad, 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 the concerned Respondent 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, the concerned Respondent, would issue notice to the Petitioners, so as
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wp248.26.odt to enable them to appear before the said authority and address it.
iv. After such hearing, which shall be completed within 120 days, the concerned Respondent shall pass an appropriate order and grant benefits of one-step pay- scale to those candidates, whoa re 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.
( AJIT B. KADETHANKAR ) ( SMT. VIBHA KANKANWADI )
JUDGE JUDGE
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