Ghanasham Bhimaji Nawale And Others v. The State Of Maharashtra Through The Secretary And Others

2025:BHC-AUG:460-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 WRIT PETITION NO. 253 OF 2025 GHANASHAM BHIMAJI NAWALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Mr.B.S.Shinde, Advocate for the petitioners.

Mr.R.K.Ingole, AGP for the respondent/State.

( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : JANUARY 8, 2025 PER COURT :

1.

We have heard both the sides, the learned Advocate for the petitioners and the learned AGP.

2.

Both the sides are ad idem that the petitioners prayers can be considered in the light of the directions issued by this Court in several similar matters including in the matter of Shivaji Kashinath Burke and others Vs. The State of Maharashtra and others in WP No.11642/2024 dated 17.10.2024.

- 2 - 3.

We dispose of the writ petition in the following terms :- [a] The impugned action of stoppage of one-step pay scale initiated by the respondents is quashed and set aside.

[b] The Education Officer (Secondary), Zilla Parishad, Ahilyanagar (Ahmednagar) respondent No.5 shall scrutinize the records of all these petitioners and the places, at which they are deployed for performing their duties, within a period of eight (8) weeks. [c] Those cases, which do not suffer from any legal impediment after verification, shall be cleared by respondent No.5 and the salary benefits, to which they are entitled to, in the light of the one-step payscale made available to the employees working in the tribal and PESA areas, shall be paid, alongwith their arrears, as well as their current salaries, within a period of four (4) weeks thereafter. [d] After scrutiny, if any of these petitioners, on the basis of their records, are found to be ineligible, respondent No.5 would issue notices to each of such petitioners, so as to enable them to appear and address him.

[e] After such hearing, which shall be completed within four (4) months from today, respondent No.5 shall pass appropriate orders and grant benefits of one-step pay-scale to those candidates, who are found

- 3 - to be eligible.

[f] Those petitioners, who suffer adverse orders after the above stated exercise is completed, would be at liberty to avail of a statutory remedy, as is permissible in law.

( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)