Magesh Pandurang Thepne v. The State Of Maharashtra Thro. Its Secretary Tribal Development Dept.
TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.10.15 16:29:35 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12497 OF 2025 Mangesh Pandurang Thepne & Ors.
... Petitioners versus The State of Maharashtra & Ors.
... Respondents AND (NOT ON BOARD) WRIT PETITION NO. 12529 OF 2025 Sanjay Tanga Mahale & Ors.
... Petitioners versus The State of Maharashtra & Ors.
... Respondents AND (NOT ON BOARD) WRIT PETITION NO. 11783 OF 2025 Chandraketu Laxman Pamale & Ors.
... Petitioners versus The State of Maharashtra & Ors.
... Respondents AND (NOT ON BOARD) WRIT PETITION NO. 12496 OF 2025 Sanjay Dajiba Gharat & Anr.
... Petitioners versus The State of Maharashtra & Ors.
... Respondents ...
Mr.Shrikrishna U. Chaudhari for the Petitioners in all Petitions. Ms.P.N.Diwan, AGP for the Respondent -State in WP No. 12497 of 2025. Ms.Priyanka Chavan, AGP for the Respondent -State in WP No. 11783 of 2025.
...1
Mr.V.G.Badgujar, AGP for the Respondent -State in WP No. 12496 of 2025.
Mr.P.P.Kakade, Addl.GP with Mr.Karan Thorat, 'B' Panel Counsel for the Respondent -State in WP No. 12529 of 2025.
...
CORAM :
RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : OCTOBER 14, 2025 P.C:
1.
Writ Petition Nos. 11783 of 2025, 12496 of 2025 and 12529 of 2025 are not on board. On request of the learned Advocate for the Petitioners, taken on the production board.
2.
In all these Petitions involving the identically placed Petitioners, all the Petitioners have prayed for the extending/releasing of the benefits of the One Step Pay Scale (Eksthar) as per the Government Resolutions dated 06.08.2002 and 29.02.2024, since they were working in tribal / PESA/difficult areas for several years. 3.
We have considered the submissions of the learned Advocate for the Petitioners and the learned AGPs for the State and we have perused ...2
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, all these Writ Petitions are allowed in the following terms:- i. The Respondent-Tribal Development Department/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;
...3
ii. The cases which have no legal impediment after verification, shall be cleared by the concerned Respondent 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 concerned Respondent, 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 concerned Respondent shall pass an appropriate order and grant benefits of one-step pay-scale to those candidates, who are found to be eligible;
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 ...4
of the Government Resolution dated 29.02.2024 issued by the General Administration Department.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) ...5