Bharat Vishnu Patik Died Thr Lrs Jijabai Bharat Patil v. The State Of Maharashtra And Others

2025:BHC-AUG:16363-DB *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 WRIT PETITION NO. 7488 OF 2025 NANABHAU JIBHAU BHADANE 949 WRIT PETITION NO. 7489 OF 2025 VASANT SUKALAL SONAWANE AND OTHERS 951 WRIT PETITION NO. 7515 OF 2025 MADHUKAR VISHWASRAO BAGUL AND OTHERS 954 WRIT PETITION NO. 7581 OF 2025 KASHINATH TRAMBAK CHAUDHARI THE STATE OF MAHARASHTRA AND OTHERS 955 WRIT PETITION NO. 7582 OF 2025 BHARAT VISHNU PATIK DIED THR LRS JIJABAI BHARAT PATIL THE STATE OF MAHARASHTRA AND OTHERS 956 WRIT PETITION NO. 7584 OF 2025

*2* SUNIL JAGANTH SANER AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS 957 WRIT PETITION NO. 7586 OF 2025 AJAY VISHWANATH AMRUTKAR AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS 969 WRIT PETITION NO. 2503 OF 2025 SURESH JAGANNATH SONAR 970 WRIT PETITION NO. 2504 OF 2025 DAMAYANTI DHARMA VALVI 971 WRIT PETITION NO. 2515 OF 2025 VASANT VAMAN WAGH 972 WRIT PETITION NO. 2530 OF 2025 DADAJI BHATU GHARATE AND OTHERS

*3* 973 WRIT PETITION NO. 2564 OF 2025 NARAYAN BHATA SAWALE AND OTHERS 974 WRIT PETITION NO. 2565 OF 2025 BABAN GONDIRAM BAGUL 975 WRIT PETITION NO. 2576 OF 2025 DINESH NAGO DHANRAJ AND OTHERS 976 WRIT PETITION NO. 2580 OF 2025 GANESH GORAKH MAHAJAN AND OTHERS 977 WRIT PETITION NO. 2581 OF 2025 CHANDRASHEKHAR SUBHASH LOKHANDE AND OTHERS

*4* 978 WRIT PETITION NO. 2583 OF 2025 AJAY RAJESH MARATHE AND OTHERS 979 WRIT PETITION NO. 2584 OF 2025 BHATU RAJESING RAJPUT AND OTHERS 980 WRIT PETITION NO. 2588 OF 2025 SHAKIR AHMED ABDUL QADIR SHAIKH 981 WRIT PETITION NO. 2594 OF 2025 TUKARAM GANGARAM PATIL AND OTHERS 982 WRIT PETITION NO. 2608 OF 2025 NILESH JAMNADAS SOMANI AND OTHERS THE STATE OF MAHARASHTRA THROUGH IT 983 WRIT PETITION NO. 2614 OF 2025 POURNIMA RAMAN SONWANE AND OTHERS

*5* 984 WRIT PETITION NO. 2623 OF 2025 GULABRAO ZIPARU BACCHAV AND OTHERS 985 WRIT PETITION NO. 2645 OF 2025 HEMANT BHATU AKLADE 986 WRIT PETITION NO. 2678 OF 2025 PRALHAD VAMAN WAGH AND OTHERS 987 WRIT PETITION NO. 2685 OF 2025 RAJENDRA BHATU SONAWANE 988 WRIT PETITION NO. 2693 OF 2025 DATTU SANTOSH PATIL AND OTHERS

*6* WRIT PETITION NO. 7648 OF 2025 (Not on the Board. Mentioned. Taken on the Board.) RAVINDRA DHONDU KAKUSTE AND OTHERS WRIT PETITION NO. 7649 OF 2025 (Not on the Board. Mentioned. Taken on the Board.) VAIBHAV RAMESH MOHANE AND OTHERS Ms.Megha Y. Mali, Advocate for the Petitioners. Shri M.M. Nerlikar, AGP for the Respondents/ State Authorities in the Writ Petitions at Sr.Nos.948, 955, 957, 969, 971, 973, 975, 977, 978, 980, 981, 983 and in Writ Petition Nos.7648/2025 and 7649/2025.

Shri V.K. Kagne, AGP for the Respondents/ State Authorities in the Writ Petition at Sr.No.949.

Ms. Saie S. Joshi, AGP for the Respondents/ State Authorities in the Writ Petition at Sr.No.951.

Shri S.V. Hange, AGP for the Respondents/ State Authorities in the Writ Petition at Sr.No.954.

Shri S.D. Ghayal, AGP for the Respondents/ State Authorities in the Writ Petitions at Sr.Nos.956, 970, 972, 974, 976, 979, 982, 984 and 987.

Shri S.P. Sonpawale, AGP for the Respondents/ State Authorities in the Writ Petitions at Sr.Nos.985, 986 and 988. ...

*7* CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 25th June, 2025 Per Court :- 1.

Since the issue involved in Writ Petition Nos.7648/2025 and 7649/2025 is identical, by consent of the parties, these petitions are taken on the Board. 2.

These identically placed Petitioners have put forth identical prayer clauses. For ready reference, prayer clauses (B) and (C) in Writ Petition No.7488/2025, read as under:- "B) The resp. authority may kindly be direct to give/ release the benefits of Ekstar (one step pay scale) to the petitioner from the initial date of appointment to till his retirement from service as per G. R. dated 06.08.2002 as he worked in Tribal/PESA/difficult area though he granted the benefits of 12 years continues service & direct the respondents to pay the salary of the petitioner as per the Ekstar (one step pay scale) till the petitioner worked in Tribal/PESA/difficult area. By issuing writ of Mandamus or any other appropriate writ, order or direction as the case may be.

C) The Respondent authority may kindly be direct to pay arrears of salaries, revise the pension of the petitioner including the benefits of one step pay scale i.e. Ekstar from the initial date of appointment as he was worked in Tribal Area

*8* from his appointment to till his retirement as per Government Resolution dated 06.08.2002 issued by the Resp. No. 1 & further directs not to revoke/recover the benefits of Ekstar (one step pay scale) as per Government Resolution dated 06.08.2002 though petitioner granted/ entitled for time bound promotion."

3.

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 Petitions. 4.

In view of the above, we do not find any such circumstances, which would convince us to take a different view. 5.

The learned Advocates representing the respective parties in those cases (orders which have been annexed to the Petitions), have clearly stated that the order passed by this Court at the Principal Seat, 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.

In view of the above, these Writ Petitions are allowed in the following terms:-

*9* i.

The Respondent- 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 Respondent- Zilla Parishad 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 Respondent- Zilla Parishad 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, the Respondent- Zilla Parishad shall pass an appropriate order and grant benefits of one-step pay-scale to those candidates, who are found to be eligible.

*10* 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.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)