Mr. Nitin Dattatraya Pawar And ORS v. The State Of Maharasthra Throu Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION Basavraj G. Patil Date: 2021.03.12 10:53:59 +0530 WRIT PETITION (ST) NO.3501/2021 Laxman Pandurang Nikam & Ors.
..... Petitioners Vs.
State of Maharashtra & Ors.
..... Respondents Mr. Sachin Chavan I/b. Sujay Palshikar for the Petitioners Mr. S. S. Panchpor, AGP for the State Mr. Swapnil Mhatre I/b. Samir Tambekar for Respondent Nos.3 to 5 and 7
1. WRIT PETITION NO.8818 OF 2018 Mr. Nitin Dattatray Pawar & Ors.
2. WRIT PETITION NO.9118 OF 2018 Sahebrao B. Ahire & Ors.
3. WRIT PETITION NO.9132 OF 2018 Mr. Ashok Dharma Thakare & Ors.
4. WRIT PETITION NO.9135 OF 2018 Dipak Uttam Thorat & Ors.
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5. WRIT PETITION NO.9136 OF 2018 Devram M. Khandavi
6. WRIT PETITION NO.9396 OF 2018 Dhanraj Shivaji Vani & Ors.
7. WRIT PETITION NO.9607 OF 2018 Pradeep S. Shinde & Ors.
8. WRIT PETITION NO.9898 OF 2018 Dhananjay D. Aher & Ors.
9. WRIT PETITION NO.12860 OF 2018 Chandrakant R. Lahanage & Ors.
10.WRIT PETITION (ST) NO.18919/2018 Walmik Gangaram Sonawane & Ors.
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11. WRIT PETITION (ST) NO.18924/2018 Subhash Dodha Ahire & Ors.
Mr. Pradeep S. Gole for the Petitioners Mr. S. S. Panchpor, AGP for the State Mr. V. S. Gokhale, "B" Panel Counsel for the State Mr. R. P. Kadam, AGP for the State Mr. Rohit Sakhadeo for Respondent Nos.4 and 5 in Writ Petition No.8818/2018
CORAM:
K.K.TATED & RIYAZ I. CHAGLA, JJ.
DATED :
MARCH 10, 2021 P.C.
Rule.
Rule is made returnable forthwith by consent of the parties.
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. For the Frst 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. 3/5
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.
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 beneFt of the additional increment given to District Awardee Teachers. Of-course, now, no District Awardee Teacher would be entitled for the beneFt in view of the Govt. Resolution dated 04.09.2018. However, Govt. Resolution dated 04.09.2018 cannot be given retrospective effect. 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 modiFcations. Under the Govt. Resolution dated 24.08.2017, Govt. has taken decision that the beneFt of advance increment would not be available to those who were granted certiFcate of excellent work. It is under the Govt. Resolution dated 04.09.2018 now the beneFt of additional increment to the District Awardee Teacher can not be given.
However, all those who were granted certiFcate of District Awardee Teacher prior to 04.09.2018 cannot be denied the said beneFt of additional increment. 4/5
In light of the above, we pass the following order: a.
The Respondent / Zilla Parisahd after conFrming themselves of the Petitioners being District Awardee Teachers and awarded certiFcate 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 ofFce objections are dispensed with, except Court Fees.
c All Writ Petitions stand disposed of accordingly. (RIYAZ I. CHAGLA, J.) (K.K.TATED, J.) 5/5