Nandlal Bhaskarrao Ahirrao And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:3125-DB 927 WP NO. 1341 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1341 OF 2025 NANDLAL BHASKARRAO AHIRRAO AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioners : Ms. Megha Y. Mali AGP for Respondents/State : Ms. S. S. Joshi ...

CORAM

:

MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 04.02.2025 PER COURT :

.

The petitioners are serving in PESA area and are seeking Ekstar (One Step Pay Scale) in accordance with the policy of the Government, pronounced by Government Resolution dated 06.08.2002.

2.

In similar matters this court has already issued instructions for undertaking the exercise, holding such employees to be entitled to derive benefit.

3.

One of the order is annexed at Exhibit - 'J'. (order dated 16.08.2024 passed in WP Nos. 8664, 8665 & 8666 of 2024) 4.

In view of the above, the Writ Petition is allowed in the following terms :- 1/2

927 WP NO. 1341 OF 2025.odt (i) The Education Officer of the Zilla Parishad shall scrutinize the records of all these Petitioners and the places at which they are deployed for performing their duties, within a period of 30 days.

(ii) Those cases, which are without any legal impediment after verification, shall be cleared by the Education Officer 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 along with arrears as well as their current salaries, within a period of 45 days thereafter.

(iii) After scrutiny, if any of these Petitioners, on the basis of their records, are found to be ineligible, the Education Officer, Zilla Parishad, would issue notices to each of such Petitioners, so as to enable them to appear before the said authority and address the Education Officer.

(iv) After such hearing, which shall be completed within 90 days, the Zilla Parishad shall pass appropriate orders and grant benefits of one-step pay-scale to those candidates, who are found to be eligible.

(v) 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.) jhs/ 2/2