Pradeep Ramchandra Shinde And ORS v. The State Of Maharashtra Thru The Prin. Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE Date: 2023.12.18 11:05:30 +0530 WRIT PETITION NO. 13154 OF 2022

1. Pradeep Ramchandra Shinde

2. Nagorao Onkar Tayade

3. Anil Vasantrao Palande

4. Datyatray Baban Ware

5. Niwas Yashwant Shewale

6. Sandeep Murlidhar Adhav

7. Rukmini Murlidhar Kolekar

8. Sanjay Wasudeo Narlawar

9. Archana Mahesh Dalvi 10.Raseshkumar Atmaram Fate 11.Gopal Rambhou Suryawanshi 12.Shobha Avadhut Mane 13.Sanjeev Madhav Bagul 14.Arjun Tukaram Takate 15.Smita Shridhar Karandikar 16.Nandkumar Pandharinath Sagar 17.Dharrao Suresh Sukhadeo 18.Ramkisan Gundiba Surwase 19.Ujwala Laxman Nandkhile 20.Dr.Meenal Sudhir Sangole 21.Trupti Dashrath Hatiskar 22.Urmila Dharmraj Bhosale 23.Sunil Maruti Gurav 24.Surendra Shaligramji Ardak 25.Suresh Natthu Lanjewar 26.Prabha Namdeo Kumbhalkar 27.Pandit Govindrao Nagargoje 28.Dashrath Ratiram Jibhkate 29.Sukharam Dajiba Kapgate 30.Krushna Shankarrao Nichat 31.Harshala Pravin Patil 32.Bhavna Jayant Sheth 33.Vaishali Vishwasrao Sarode 34.Ranjana Pradip Datey 35.Prajakta Pralhad Randive 36.Madhurkumar Shobhelal Nagpure 37.Dr.Devidas Kachru Taru 1/6

38.Vinod Shakar Bhowate 39.Nurhari Ramchandra Lanjewar 40.Sharad Raghunath Surse 41.Vijay Bandu Mhaske 42.Prakash Bisan Kumbhare 43.Chame Rajkumar Panditrao 44.Maroti Ganpatrao Virulkar 45.Netram Chilbansao Bijewar 46.Santosh Dattatray Fatangare 47.Devendra Mahadeo Gathe 48.Nilesh Vinayak Shinde 49.Dr.Ratna Devchand Choudhary 50.Dipak Motiram Kapse 51.Sabsagi Dipali Guruling 52.Omprakash Baburao Gaidhane 53.Prakasah Lotan Chavan 54.Namdeo Laxman Beldar 55.Vidya Ravindra Patil 56.Madhavi Anil Gamare 57.Dr.Pooja Prashant Sankhe 58.Bharti Nawal Pawar ..... Petitioners Vs.

1. The State of Maharashtra Through the Principal Secretary, Mantralaya, Mumbai-01.

2. The State of Maharashtra, Through the Secretary, School Education and Sports Department, Mantralaya, Mumbai-01.

3. The State of Maharashtra, Through the Secretary, Department of Finance, Mantralaya, Mumbai-01.

4. The Director of Education, having its Office at Pune.

5. The Deputy Director of Education, Pune Division, Pune.

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6. The Deputy Director of Education, Kolhapur Division, Kolhapur.

7. The Deputy Director of Education, Javahar Bhavan, Charni Road (W), Mumbai Division, Mumbai.

8. The Deputy Director of Education, Nasik Division, Nasik.

9. The Deputy Director of Education, Latur Division, Latur.

10.The Deputy Director of Education, Aurangabad Division, Aurangabad.

11.The Deputy Director of Education, Amravati Division, Amravati.

12.The Deputy Director of Education, Nagpur Division, Nagpur.

13.The Commissioner, Muncipal Corporation of Greater Mumbai, Mahanagar Palika Marg, Fort, Mumbai.

14.The Commissioner, Divyang Kalyan Auktalay, 3, Church Road, Pune - 1.

15.Education Officer, (Primary), Municipal Corporation of Greater Mumbai, Triveni Sangam Building, Mahadev Palav Marg, Curry Road (E), Mumbai 400 012.

16.The Education Inspector (Secondary) Brihanmumbai North Department, Building No.2, Second Floor, R.C.Marg, Chembur (E), Mumbai - 400 071.

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17. The Chief Executive Officer, Pune Zilla Parishad, Pune.

18. The Chief Executive Officer, Nashik Zilla Parishad, Nashik.

19.The Chief Executive Officer, Solapur Zilla Parishad, Solapur.

20.The Chief Executive Officer, Kolhapur Zilla Parishad, Kolhapur.

21.The Chief Executive Officer, Sangli Zilla Parishad, Sangli.

22.The Chief Executive Officer Ahmednagar Zilla Parishad, Ahmednagar 23.The Chief Executive Officer, Latur Zilla Parishad, Latur.

24.The Chief Executive Officer, Gadchiroli Zilla Parishad, Gadchiroli 25.The Chief Executive Officer, Bhandara Zilla Parishad, Bhandara 26.The Chief Executive Officer, Hingoli Zilla Parishad, Hingoli.

27. The Chief Executive Officer, Washim Zilla Parishad, Washim.

28. The Chief Executive Officer, Nanded Zilla Parishad, Nanded.

29. The Chief Executive Officer, Osmanabad Zilla Parishad, Osmanabad.

30.The Chief Executive Officer, Gondia Zilla Parishad, Gondia.

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31.The Chief Executive Officer, Amravati Zilla Parishad, Amravati.

32. The Chief Executive Officer, Wardha Zilla Parishad, Wardha.

..... Respondents Mr.Suresh Pakale, Senior Advocate a/w Mr.Nilesh Desai i/b Mr.S.M.Katkar for the Petitioners Mr.N.C.Walimbe, Addl. G.P. a/w Mr.V.M.Mali, A.G.P. for the Respondent - State

CORAM:

A.S.CHANDURKAR & FIRDOSH P. POONIWALLA, JJ.

DATED :

13th DECEMBER 2023 ORAL JUDGMENT (PER : A.S.CHANDURKAR, J) :

1.

Rule. Rule made returnable forthwith.

2.

Heard the learned Counsel for the parties.

3.

Each Petitioner claims to have received State / National Award prior to the issuance of G.R. dated 4th September 2018. On that basis, the Petitioners' claim entitlement to two advance / additional increments. 4.

The issue raised in this Writ Petition has been considered and decided in Writ Petition No.1954 of 2018 (Urmila Dattatraya Gaikwad and Others vs. The State of Maharashtra & Ors.) on 25th January 2019. By the said order, the Respondents were directed to verify as to whether the Petitioners have received the District award prior to 4th September 2018. After verifying this aspect, the Petitioners were held entitled to receive 5/6

such additional increments. In accordance with this order, the present Writ Petition is disposed of by directing the Respondents to verify as to whether the Petitioners have received the State / National Award prior to 4th September 2018.

5.

If it is found that the Petitioners have received such award prior to the issuance of the aforesaid G.R., they would be entitled to the benefit of additional increment in accordance with the policy of the State Government. The entire exercise to be completed within a period of six months of receiving copy of this order.

6.

Rule is disposed of in aforesaid terms. No order as to costs. (FIRDOSH P. POONIWALLA, J.) (A.S.CHANDURKAR, J.) 6/6