VITTHAL GIRDHAR DHANGAR AND OTHERS v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
Case Details
2024:BHC-AUG:4559-DB *1* 902a903wp2388a2393o24 DISTRICT AWARDEE IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 902 WRIT PETITION NO. 2388 OF 2024 VITTHAL GIRDHAR DHANGAR AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS … AND 903 WRIT PETITION NO. 2393 OF 2024 BAPU GULABSING PARDHI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS …
Legal Reasoning
Shri Shivkumar K. Mathpati, Advocate for the Petitioners Shri A.B. Girase, Government Pleader for Respondents 1 to 4/State Shri Rahul Pawar, Advocate for Respondents 5 and 6/ZP in WP/2388/2024 Shri N.N. Desale, Advocate for Respondents 5 and 6/ZP in 2393/2024 ... CORAM : RAVINDRA V. GHUGE & R.M. JOSHI, JJ. DATE :- 01st March, 2024 Per Court :- 1. In these Writ Petitions, the Petitioners are the District Awardee Teachers, who have been granted such awards *2* 902a903wp2388a2393o24 DISTRICT AWARDEE prior to 04.09.2018. They are seeking directions to the Respondents to grant one additional increment and other service benefits as per the circular dated 12.12.2000. 2. The learned Advocate for the Petitioners points out that in identical set of circumstances, the Petitioners were granted the benefits, which were subsequently taken away by the State Government vide the Government Resolution dated 04.09.2018. The aggrieved Petitioners approached the High Court which restored this benefits. The Nashik Zilla Parishad approached the Honourable Supreme Court in Petition for Special Leave to Appeal (Civil) No.19730/2021. By order dated 13.04.2022, the SLP was dismissed by concluding that the District Awardees were entitled to the additional increment, if granted prior to 04.09.2018 and no error has been committed by the High Court in directing the payment of the additional increment. Vide order dated 13.04.2022, it was held as under :- “It is not in dispute that, prior to 04.09.2018, the District Awardees were entitled to get the additional increment. It was only pursuant to the Circular dated 04.09.2018, the District Awardees were not entitled to get the additional increment. Therefore, for the period prior to 04.09.2018, the District Awardees were entitled to get the additional increment and therefore, no error has been committed by the *3* 902a903wp2388a2393o24 DISTRICT AWARDEE High Court in directing the benefit of additional increment to the District Awardees for the period prior to 04.09.2018. We are in complete agreement with the view taken by the High Court. The Special Leave Petition stands dismissed. 3. The issue was considered by the Division Bench of this Court at the Principal Seat in Writ Petition (Stamp) No.3501/2021 filed by Laxman Pandurang Nikam and others vs. The State of Maharashtra and others and a group of petitions. It was concluded in paragraphs 2 to 8 as under :- “2. Heard. The learned counsel for the Petitioners submits that the Petitioners in these Writ Petitions are the District Awardee Teachers prior to 04.09.2018. 3. For the first time, additional increment was given to the District Awardee Teachers under the Government Resolution dated 12.12.2000. Pursuant thereto, additional increments as per the said Govt. Resolution were given. 4. 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. 5. Upon perusal of various Govt. Resolution placed on record, it does not appear that prior to the Govt. Resolution dated 04.09.2018, there was any Govt. Resolution taking away benefit of the additional increment given to District Awardee Teachers. Of-course, now, no District Awardee Teacher would be entitled *4* 902a903wp2388a2393o24 DISTRICT AWARDEE for the benefit in view of the Govt. Resolution dated 04.09.2018. However, Govt. Resolution dated 04.09.2018 cannot be given retrospective effect. 6. Govt. Resolution relied by the learned counsel for Zilla Parishad viz. Govt. Resolution dated 27.02.2009 is general in nature. It only states that the committee formed by the Govt. has made recommendation and the same is to be accepted with certain modifications. Under the Govt. Resolution dated 24.08.2017, Govt. has taken decision that the benefit of advance increment would not be available to those who were granted certificate of excellent work. It is under the Govt. Resolution dated 04.09.2018 now the benefit of additional increment to the District Awardee Teacher can not be given. 7. However, all those who were granted certificate of District Awardee Teacher prior to 04.09.2018 cannot be denied the said benefit of additional increment. 8. In light of the above, we pass the following order: a. The Respondent / Zilla Parisahd after confirming themselves of the Petitioners being District Awardee Teachers and awarded certificate prior to 04.09.2018 shall individually 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 and the Respondents shall communicate their decision to the Petitioner, in writing. b. At the request of the learned counsel for the Petitioner in Writ Petition (ST) No.18924/2018, all office objections are dispensed with, except Court Fees. c. All Writ Petitions stand disposed of accordingly.” *5* 902a903wp2388a2393o24 DISTRICT AWARDEE
Decision
Pending applications stand disposed of.” 4. The learned AGP submits that the Review Petitions were filed by the Zilla Parishad and these Review Petitions have been rejected by the order of the coordinate Bench of this Court dated 30.08.2022. 5. In the light of the above, these Writ Petitions are partly allowed with the direction to the Respondent/Zilla Parishads/concerned Authorities to verify and confirm that the Petitioners are District Awardee Teachers, who have been awarded such certificates prior to 04.09.2018. After verifying this aspect, they would proceed to grant additional increment as is laid down in the circular dated 12.12.2000 to the Petitioners. Let such exercise of verification and payment be made, within 90 days. 6. In Writ Petition No.2393/2024, consequent to the above, the impugned order dated 20.07.2018 passed by Respondent No.5 stands quashed and set aside. 7. In the event, the Petitioners have suffered recovery, the recovered amounts shall be redeposited with the concerned *6* 902a903wp2388a2393o24 DISTRICT AWARDEE Petitioners by the Zilla Parishad/ Authority within 60 days. In case the payment of unpaid amounts is not effected, the Petitioners would also receive such benefits within 90 days. Considering the delay on the part of the Petitioners in approaching this Court, as like in the earlier orders passed in several matters, the Petitioners are not claiming any interest and we are not issuing directions for payment of interest. kps ( R.M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. )