PRAKASH WAMANRAO DHAVALE AND OTHERS v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
Case Details
wp11262.22- -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 914 WRIT PETITION NO.11262 OF 2022 PRAKASH WAMANRAO DHAVALE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ..... Advocate for Petitioners : Mr. Estling S. Murge AGP for Respondent No.1: Mrs. R.P. Gour, Advocate for Respondent Nos 2 and 3 : Mr. V.M Vibhute ….. AND 915 WRIT PETITION NO.11263 OF 2022 SANDU RAMAJI BHUJANG VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ..... Advocate for Petitioners : Mr. Estling S. Murge AGP for Respondent No.1: Mr. S.G. Sangle, Advocate for Respondent Nos 2 and 3 : Mr. V.M Vibhute ….. AND 916 WRIT PETITION NO.11301 OF 2022 PRALHAD RAMBHAU KADUKAR VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ..… Advocate for Petitioners : Mr. V.A. Bagaal AGP for Respondent No.1: Mr. S.G. Karlekar Advocate for Respondent Nos 2 and 3 : Mr. V.M Vibhute ….. AND 917 WRIT PETITION NO.11305 OF 2022 UMARKHAN IMAMKHAN PATHAN VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....
Legal Reasoning
Advocate for Petitioners : Mr. V.A. Bagaal wp11262.22- -2- AGP for Respondent Nos.1 and 3: Mrs. R.P. Gour Advocate for Respondent No 2 : Mr. V.M Vibhute ….. AND 918 WRIT PETITION NO.11324 OF 2022 GOPAL VITHOBA TUPKAR AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ..... Advocate for Petitioners : Mr. Estling S. Murge AGP for Respondent No.1: Mr. S.G. Sangle, Advocate for Respondent Nos 2 and 3 : Mr. V.M Vibhute ….. AND 919 WRIT PETITION NO.11332 OF 2022 NARAYAN DHONDIRAM GANGAVE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ..... Advocate for Petitioners : Mr. V.A. Bagaal AGP for Respondent Nos.1 and 3: Mr. S.G. Karlekar Advocate for Respondent No. 2 : Mr. V.M Vibhute ….. AND 920 WRIT PETITION NO.11341 OF 2022 RAJENDRA PRALHAD JATTI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ..... Advocate for Petitioners : Mr. Estling S. Murge AGP for Respondent No.1: Mrs. R.P. Gour Advocate for Respondent Nos 2 and 3 : Mr. V.M Vibhute ….. AND 921 WRIT PETITION NO.11348 OF 2022 SHIVAJI HOUSAJI SURYAWANSHI VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ..… Advocate for Petitioners : Mr. Estling S. Murge AGP for Respondent No.1: Mr. S.G. Sangle wp11262.22- -3- Advocate for Respondent Nos 2 and 3 : Mr. V.M Vibhute ….. AND WRIT PETITION NO.11371 OF 2022 RANGNATH BABANRAO HIWALE DIED THROUGH ITS L.RS. SUBHADRABAI RANGNATH HIWALE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ..… Advocate for Petitioners : Mr. V.A. Bagaal AGP for Respondent No.1: Mr. S.G. Karlekar Advocate for Respondent Nos. 2 and 3 : Mr. V.M Vibhute ….. CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ. DATED : 16th NOVEMBER, 2022. PER COURT :- 1. The petitioners have put forth prayer clauses ‘B’ and ‘C’ as under :- By issuing writ of mandamus or any other appropriate writ, order “(B) or direction in like nature, the Respondent No.2 & 3 may kindly be directed to grant / pay one additional increments to the petitioners from date of grant of “District Teacher Award” in view of circular dated 12.12.2000 issued by the State Government of Maharashtra." "(C) It is hold and declare that, circular dated 04.09.2018 issued by the respondent No.1 not made applicable to the petitioners and the petitioners are entitled to get one additional increment as District Teacher Award." All the parties are served in these matters. Heard. Perused the writ petitions paper books with the 2. 3. assistance of the learned advocates. 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 wp11262.22- -4- 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 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 wp11262.22- -5- 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 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 wp11262.22- -6- 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 laid down under the Government Resolution dated 12.12.2000. (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.) rlj/