Harshana Mohanlal Pingale And Others v. The State Of Maharashtra Through The Secretary And Others

2025:BHC-AUG:26143-DB 1 947.WP.11469.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11469 OF 2025 HARSHANA MOHANLAL PINGALE AND OTHERS

VERSUS

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

Advocate for the Petitioners : Mr. Shinde Balaji S. AGP for Respondent Nos.1 to 5 : Ms. Neha B. Kamble Advocate for respondent Nos.6 to 8 : Mr. Balaji S. Shinde ...

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 23.09.2025 PER COURT:

1.

Heard learned counsel for the petitioners.

2.

It is not disputed that similar petitions have been disposed of by this Court concerning the very same respondent - Zilla Parishad. We are inclined to allow and dispose of this petition in the same manner. The learned AGP appears for respondent Nos.1 to 5 and Mr. Shinde learned counsel, appears for respondent Nos.6 to 8.

3.

The petitioners have prayed for following reliefs :- [A] The writ petition may kindly be allowed.

[B] This Honourable Court, by issuing appropriate writ, order, directions, may please to direct the respondents no. 6 to 8 to continue to pay salaries as per Ekstar (One-step pay scale) and arrears of salaries of the petitioners as per Ekstar (One-step pay scale), after completion of 10 years till they

2 947.WP.11469.25.odt are working in Tribal Area/PESA as per judgment of this court and consequently quash and set aside, action of proposed recovery of salary and action of withdrawal of Ekstar (One-step pay scale) and directed to refund the amount of salary recovered from the petitioners, as per impugned orders.

[C] This Honourable Court, by issuing appropriate writ, order, directions, may please to direct respondents no. 6 to 8 to fix the pay scale, as per Para-6-A of G.R. dated 14.05.2019 and directed to be paid the salaries petitioners as per one step pay scale or pay scale which is more benefited to the petitioners and also directed to made available option to apply time bound promotion scale at appropriate time as per G.R. dtd. 14.05.2019.

[D] Pending hearing and final disposal of this writ petition, kindly direct the respondents to pay monthly salary of the petitioners as per Ekstar (One-step pay scale) as earlier paid to them & stayed recoveries claimed from petitioners. 4.

It is brought to our notice that coordinate Division Benches of this Court have passed various orders, one of which is placed for consideration of this Court along with petition. The said orders show that such writ petitions have been allowed by making certain observations and imposing certain conditions. We are also inclined to allow this petition on the same lines.

5.

Accordingly the writ petition is allowed in the following terms:- (i) The impugned action of recovery initiated by the Respondents, is quashed and set aside.

(ii) Respondent No.6/Chief Executive Officer, Zilla Parishad, Nandurbar shall scrutinize the records of these petitioners and the places at which they are deployed for performing

3 947.WP.11469.25.odt their duties, within a period of 60 days from today, considering the Government Resolution dated 29/02/2024. (iii) The cases which are without any legal impediment after verification, shall be cleared by Respondent No.6 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 found to be ineligible, Respondent No.6, 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, Respondent No.6 shall pass an appropriate order and grant benefits 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. 6.

Pending applications, if any, also stand disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) habeeb/