Bharat Balkrishna Rasale And ORS v. The State Of Maharashtra Through Secretary And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9278 OF 2016 Bharat Balkrishna Rasale and others Petitioners versus The State of Maharashtra and others Respondents WITH WRIT PETITION NO.9280 OF 2016 Chandrakant Shankarrao Kumbhar and others Petitioners versus The State of Maharashtra and others Respondents Mr.S.S.Pakale i/by S.M.Katkar for Petitioners. Ms.Nisha Mehra, AGP, for State.
CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ.
DATE :
2nd December 2016 PC :
1.
By this petition under Article 226 of the Constitution of India, the Petitioners are seeking directions to the Respondents to grant two additional/advance increments to the Petitioners from the date of granting award in the scale (i.e. 6th pay scale) available when the award was given to them. According to the Petitioners, they were given benefit for a few months but subsequently it was withdrawn on the basis of policy decision taken by the State Government.
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Learned counsel for Petitioners has placed reliance on various decisions of this Court including a Nagpur Bench decision in the case of Satish Madhaorao Kale and others Vs. State of Maharashtra and others1. In the said order dated 28th October 2016, the Division Bench after examining the controversy involved in the petition, has decided an identical issue holding the Petitioners in the said petition entitled for the relief as has been granted in the earlier petitions including in Writ Petition No.6116 of 2014. Having gone through the said order, we find that the question involved in the present petitions is squarely covered by the said order. 3.
Learned AGP has placed on record a communication dated 1st December 2016 issued by Desk Officer, Education and Sports Department, Government of Maharashtra informing the office of Government Pleaders that as per the decision taken in the meeting held on 24th November 2016, benefit has to be given to all such teachers who have been awarded State/National award of "Aadarsh Shikshak".
4.
Keeping in view the law laid down by Division Bench in case of Satish Madhaorao Kale (supra), as also further communication of the State dated 1st December 2016 in which a categorical decision taken by the State Government is recorded, we allow this petition in terms of prayer clause (a) of the petitions and direct the State Government to disburse the monetary benefits to the Petitioners within a period of six weeks from today.
Writ Petition No.5001 of 2016 decided on 20.10.2016
3 of 3 WP.9278.2016 5.
With above directions, both petitions stand disposed of. No order as to costs.
(PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) MST