Ramkishan Narsing Chole And Others v. The State Of Maharashtra And Others
2025:BHC-AUG:32327-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 4 WRIT PETITION NO.11370 OF 2025 1.
Ramkishan Narsing Chole 2.
Haribhau Devrao Wetti 3.
Santosh Vasantrao Munde Anant Renukadas Pande 5.
Sharad Narayan Takale 6.
Chandrakant Vishvanath Tadewad 7.
Manohar Praji Parse 8.
Balaji Lalu Chavan 9.
Mahadeo Sudhakar Shinde 10.
Ganesh Devrao Shelke 11.
Arun Shankarrao Wankhede 12.
Sonika Nursing Pawar 13.
Anandgiri Ganpatrao Dasarwar 14.
Anand Gangadhar Karbhari 15.
Gangaram Deva Jadhav 16.
Sopan Pandhari Ankade ..Petitioner
VERSUS
1.
The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32.
2.
The State of Maharashtra Through its Secretary, General Administration Department, Mantralaya, Mumbai-32.
3.
The State of Maharashtra Through its Secretary, Finance Department, [1]
Mantralaya, Mumbai-32.
The Commissioner, Tribal Development Department, Adiwasi Vikas Bhawan, Old Bombay - Agra Road, Ground Floor, Gadkari Chowk, Nashik.
5.
The Additional Commissioner, Tribal Development Department, Amravati Division, Behind T. B. Hospital, Near Police Commissioner Officer Camp, Amravati, Ta. And Dist. Amravati.
6.
The Project Officer Integrated Tribal Development Project, Kinwat, Tq. Kinwat, Dist. Nanded.
..Respondents .....
Mr. Estling S. Murge, Advocate for the Petitioners. Mr. S. B. Narwade, AGP for Respondents/State. .....
CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE : 24 NOVEMBER 2025 ORDER :
.
Present petition has been filed for following reliefs :- "B) This Hon'ble Court pleased to issue writ of mandamus or any other appropriate writ, order or direction in like nature, and direct the Respondent Nos.5 and 6 to give/grant the benefit of Eksthar (One step promotional pay scale) i.e. 4800 under scheme of G.R. dated 06.08.2002 and 29.02.2024 from the date of appointment of the petitioners for the post of "Trained Graduate Primary Teacher" in [2]
tribal area and further direct the respondent Nos.5 and 6 to pay the salary with arrears to the petitioners by adding one step pay promotional pay scale i.e. basic pay 13350, grade pay scale as 4800 and total pay as 18150 from the date of appointment of the petitioners in tribal area."
2.
Learned AGP waives notice for all the respondents. 3.
The present petitioners are the employees, who are working at triable/PESA area and they are seeking implementation of the Government Resolutions in respect of additional/concessional benefits to the employees working in the triable/PESA area. It is not in dispute that respondent No.1/State is giving such incentive. It appears that the representations made by the petitioners are pending with respondent No.5. We have directed learned AGP to take instructions as to when those representations would be considered or any decision would be taken on the same by respondent No.5. He places on record a photocopy of the communication dated 19.11.2025 by respondent No.5 to him, which is taken on record by marking as Exhibit- 'X'. Mr. H. J. Surjuse, Assistant Project Officer from the said department is also present in the Court to give instructions to the learned AGP.
[3]
In the letter Exhibit- 'X', it appears that respondent No.5 intends to say that she will have to seek guidance from respondent No.5 and for that purpose, she states that time of about 12 weeks be given. We are of the opinion that this time that has been sought is too long. She has to study the Government Resolutions and even if certain guidance is to be sought, then respondent No.4 is duty bound to give it immediately. For these purposes, 12 weeks are absolutely not require and, therefore, we dispose of the writ petition by directing respondent No.5 to take the decision on the representations by the petitioners within a period of six weeks from today. This would include that she should study the matter within one week, seek guidance from respondent No.4 within that period and respondent No.4 to respond within one week thereafter and then the further period can be utilized by respondent No.5 to decide the representations. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [4]