Bapurao Shankar Rathod And Others v. The State Of Maharashtra Through The Secretary And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2025.02.07 10:16:37 +0530 WRIT PETITION NO.1634 OF 2025 Yogesh Eknath Kangane and Ors. .....Petitioners Vs.
The State of Maharashtra through the Secretary General Administration Department and Ors. ....Respondents Mr. Ashwin R. Kapadnis a/w Balaji Shinde for the Petitioners. Mr. B. V. Samant Addl. G. P a/w Mr. A. C. Bhadang, AGP for the State.
CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 4th FEBRUARY, 2025 P.C. :- 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 we have perused the series of orders passed by this Court in favour of similarly situated Petitioners, which have been annexed to the Petition. 3.
In view of 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, this 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.5/The Education Officer (Secondary), Zilla Parishad Nashik, 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 Respondent No.5 and the salary benefits, to which the Petitioners are entitled to, in the light of the onestep 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, Respondent No.5, would issue notice to the Petitioners, os 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.5 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 la and in the light of the Government Resolution dated 29.02.2024 issued by the General Administration Department.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)