RAMESHWAR BHANUDAS SALUNKE (DIED) THROUGH ITS LRS KANTABAI RAMESHWAR SALUNKE v. THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS
Case Details
1 40,41 n 77 WP.2296.2023 ORS.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 40 WRIT PETITION NO.2296 OF 2023 RAMESHWAR BHANUDAS SALUNKE (DIED) THROUGH ITS LRS KANTABAI RAMESHWAR SALUNKE VERSUS THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS Advocate for Petitioner : Mr. Estling S. Murge. AGP for Respondent No.1 : Mr. V. M. Kagne. Advocate for Respondent Nos.2 & 3 : Mr. V. M. Vibhute. ... … AND 41 WRIT PETITION NO.2297 OF 2023 GANESH PANDURANG PALODE (DIED) THROUGH LRS ANITA GANESH PALODE VERSUS THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS Advocate for Petitioner : Mr. Estling S. Murge. AGP for Respondent No.1 : Mr. V. M. Kagne. Advocate for Respondent Nos.2 & 3 : Mr. V. M. Vibhute. ... … AND 77 WRIT PETITION NO.2358 OF 2023 CHHAYA BHAGWANRAO PATHARKAR VERSUS THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS
Legal Reasoning
Advocate for Petitioner : Mr. Estling S. Murge. AGP for Respondent No.1 : Mr. P. S. Patil. Advocate for Respondent Nos.2 & 3 : Mr. V. M. Vibhute. ... ... 2 40,41 n 77 WP.2296.2023 ORS.odt CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ. DATE : 27th February, 2023. Per Court: 1. All these petitioners are identically placed. In Writ Petition No.2296 of 2023, the petitioner has put forth prayer clauses ‘B’ to ‘D’ as under :- “B) This Hon’ble Court by issuing writ of mandamus or any other appropriate writ, order or direction in like nature. The respondent No. 2 & 3 May Kindly be directed to grant/pay one additional increment to the petitioner form date of grant of “District Teacher Award” in view of circular dt.12/12/2000 issued by the State Government of Maharashtra. C) It is hold and declare that, circular dt. 04/09/2018 issued by the Res. No. 1 shall not be made applicable to the petitioner and the petitioner is entitled to get one additional increment as District Teacher Award. D) Pending hearing and final disposal of this writ petition to direct the respondent No.2 & 3 to pay/grant one additional increments to the petitioner as “District teacher award” subject to the final decision of this writ petition.” 2. 3. All the parties are served in these matters. Heard. Perused the writ petitions paper books with the assistance of the learned advocates. 3 40,41 n 77 WP.2296.2023 ORS.odt 4. The claims put forth by the petitioners is as regards a right to seek additional increment on the ground that they are the District Awardee Teachers. Since the grievance is that the circular dated 12.12.2000 issued by the State Government of Maharashtra for granting such teachers one additional increment as a reward for being scholarly teachers, has not been followed, the petitioners are before this Court. 5. A Co-ordinate Bench of this Court has delivered an order on 24.09.2019 in Writ Petition No.11700 of 2019, filed by Vishnu Sahebrao Khandagale and others Vs. The State of Maharashtra and others with a connected petition, based on an earlier decision of this Court dated 25.01.2019 in Writ Petition No.1954 of 2018. 6. Since it is undisputed that the petitioners are identically placed with the petitioners in Writ Petition No.11700 and 11798, of 2019, we do not find any reason to arrive at a decision contrary to the view taken by the co-ordinate Bench of this Court. For the sake of clarity, it would be apposite to reproduce paragraph Nos.4 to 10 of the order dated 24.09.2019 hereunder :- “4. Learned counsel for petitioners submits that all the 4 40,41 n 77 WP.2296.2023 ORS.odt petitioners are the District Awardee teacher prior to 04/09/2018. 5. For the first time additional increment was given to the District awardee teachers under Government Resolution dated 12/12/2000. Pursuant thereto, additional increments as per the said Government Resolution were given. 6. There are other categories of awardee teachers such as State awardee teachers, national awardee teachers and the award being given for excellent/outstanding work. In the present case, we are concerned only with the District awardee teachers. 7. Upon perusal of various Government Resolutions placed on record, it does not appear that prior to the Government Resolution dated 04/09/2018, there was any Government Resolution taking away benefit of the additional increment given to District awardee teachers. Of course, now, no District awardee teacher would be entitled for the benefit in view of the Government Resolution dated 04/09/2018. However, Government Resolution dated 04/09/2018 can not be given retrospective effect. 8. Government Resolution relied by the learned counsel for Zilla Parishad viz. Government Resolution dated 27/02/2009 is general in nature. It only states that the committee formed by the Government has made recommendation and the same is to be accepted with certain modifications. Under the Government Resolution dated 24/08/2017, Government has taken decision that the benefit of advance increment would not be available to those who were 5 40,41 n 77 WP.2296.2023 ORS.odt granted certificate of excellent work. It is under the Government Resolution dated 04/09/2018 now the benefit of additional increment to the District awardee teacher can not be given. 9. However, all those who were granted certificate of District awardee teacher prior to 04/09/2018 can not be denied the said benefit of additional increment. 10. In light of the above, we pass the following order.
Decision
ORDER The respondent/Zilla Parishad after confirming themselves of the petitioners being District awardee teachers and awarded certificate prior to 04/09/2018, shall consider the case of the petitioners for additional increment as is laid down under the Government Resolution dated 12/12/2000. The same shall be considered on its own merits expeditiously preferably within a period of six months.” 7. In view of the above, these petitions are disposed off with similar directions as under:- (a) The respondent - Zilla Parishad, after confirming that the petitioners are the District Awardee Teachers and are awarded such certificates prior to 04.09.2018, shall consider the case of the petitioners for additional increment as is provided under the Government Resolution dated 12.12.2000. 6 40,41 n 77 WP.2296.2023 ORS.odt (b) The same shall be considered on it’s own merits, expeditiously and preferably within a period of six (6) months. [ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga