Ravindra Namdeo Pawar And Another v. The State Of Maharashtra And Others

2025:BHC-AUG:16941-DB -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 909 WRIT PETITION NO. 7611 OF 2025 MANISHA VIJAYSING GAVIT AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Addl. GP for Respondents-State : Mr. M. M. Nerlikar 910 WRIT PETITION NO. 7613 OF 2025 MANOJ ONKAR MARATHE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AGP for Respondents-State : Mr. S. P. Sonpawale 911 WRIT PETITION NO. 7616 OF 2025 RAJESH RAMESH CHAUDHARI AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AGP for Respondents-State :: Mr. V. M. Kagne

-2912 WRIT PETITION NO. 7617 OF 2025 SANJAY MANGA BUWA AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AGP for Respondents-State :: Ms. Saie S. Joshi 913 WRIT PETITION NO. 7624 OF 2025 DIPAK KHUSHAL PATIL AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AGP for Respondents-State :: Ms. Neha B. Kamble 914 WRIT PETITION NO. 7630 OF 2025 DEEPAK MANGA BAGALE AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AGP for Respondents-State :: Mr. S. V. Hange 915 WRIT PETITION NO. 7631 OF 2025

-3BHATU SHANKAR VASAIKAR AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS GP for Respondents-State :: Mr. A. B. Girase 916 WRIT PETITION NO. 7635 OF 2025 NARENDRA SHALIKRAO MARATHE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AGP for Respondents-State :: Mr. M. M. Nerlikar 917 WRIT PETITION NO. 7642 OF 2025 PRAMILA PANDIT THAKARE AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AGP for Respondents-State :: Mr. S. P. Sonpawale 918 WRIT PETITION NO. 7658 OF 2025 RAJENDRA VISHNU GAWALE AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS

-4AGP for Respondents-State :: Mr.V. M. Kagne 919 WRIT PETITION NO. 7660 OF 2025 NAMDEO CHAITRAM PATIL AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS Addl. GP for Respondents-State :: Mr. M. M. Nerlikar 920 WRIT PETITION NO. 7661 OF 2025 RAVINDRA NAMDEO PAWAR AND ANOTHER THE STATE OF MAHARASHTRA AND OTHERS AGP for Respondents-State :: Ms. Saie S. Joshi 921 WRIT PETITION NO. 7662 OF 2025 ANKUR PRABHAKAR MULE THE STATE OF MAHARASHTRA AND OTHERS AGP for Respondents-State :: Ms. Neha B. Kamble 922 WRIT PETITION NO. 7664 OF 2025

-5SANJAYKUMAR BHAIDAS PATIL AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS AGP for Respondents-State :: Mr. S. V. Hange 923 WRIT PETITION NO. 7665 OF 2025 NITA GANGAJI VALVI THE STATE OF MAHARASHTRA AND OTHERS GP for Respondents-State :: Mr. A. B. Girase 924 WRIT PETITION NO. 7666 OF 2025 JAYVANT RAMKRUSHANA TIWARI THE STATE OF MAHARASHTRA AND OTHERS Addl. GP for Respondents-State :: Mr. M. M. Nerlikar 925 WRIT PETITION NO. 7667 OF 2025 CHETAN DAGADU CHAVAN AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS AGP for Respondents-State :: Mr. S. P. Sonpawale

-6CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

Dated : June 27, 2025 FINAL ORDER :- 1.

These identically placed Petitioners have put forth identical prayer clauses (B) and (C), which read as under:- "[B] This Honorable Court, by issuing writ of mandamus or appropriate writ, order, directions in the like nature, kindly direct the respondents, to grant the benefit of One-step pay scale (Ekstar) from the date of posting in tribal area till the Petitioners working in the Tribal/PESA, as per G. R. dated 06.08.2022, and G.R. dated 29.02.2024 and as per judgment of this Court and also directed to pay arrears of salaries on the basis of One-step pay scale.

[C] This Honorable Court, by issuing appropriate writ, order, directions in the like nature, kindly issue similar directions issued in judgment annexed at Exhibit-E for making scrutiny and verification against respondent Education Officer for grant of benefits of one step pay scale to the petitioners as per G. R. dtd 06.08.2002 and 29.02.2024."

2.

We have considered the submissions of the learned Advocates for the respective sides and have perused the series of orders passed by this Court in favour of similarly situated Petitioners, which

-7have been annexed to the Petition.

3.

Considering the above, we do not find any such circumstances, which would convince us to take a different view. 4.

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 Seat, in Writ Petition NO.8824/2021 (Hiralal Jagannath Bawa and others vs. The State of Maharashtra and others), 21.12.2021, is applicable to all such cases.

5.

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

The impugned action / orders of recovery initiated by the Respondents, are quashed and set aside.

ii.

The Respondents viz. The Education Officer (Secondary), Zilla Parishad, Dhule / Nandurbar, / Additional Commissioner, Tribal Development / Project Officer Tribal Development, 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.

iii.

The cases which have no legal impediment after verification, shall be cleared by the Respondents viz. The

-8Education Officer (Secondary), Zilla Parishad, Dhule / Nandurbar, / Additional Commissioner, Tribal Development / Project Officer Tribal Development, 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.

iv.

After scrutiny, if the Petitioners, on the basis of their record, are fond to be ineligible, the Respondents viz. The Education Officer (Secondary), Zilla Parishad, Dhule / Nandurbar, / Additional Commissioner, Tribal Development / Project Officer Tribal Development,, would issue notice to the Petitioners, so as to enable them to appear before the said authority and address it.

v.

After such hearing, which shall be completed within 120 days, the Respondents viz. The Education Officer (Secondary), Zilla Parishad, Dhule / Nandurbar, / Additional Commissioner, Tribal Development / Project Officer Tribal Development, shall pass an appropriate order and grant benefits of one-step pay-scale to those candidates, who are found to be eligible.

vi.

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. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) Omkar Joshi