Kailas Bhima Gunjal And ORS. v. The State Of Maharashtra, Through Secretary And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE Date: 2024.02.26 13:56:26 +0530 WRIT PETITION NO. 6134 OF 2021

1. Kailas Bhima Gunjal

2. Somnath Pandurang Mhetre

3. Hanumant Shrirang Jadhav

4. Shivaji Vishu Jarag

5. Shailendra Vishnu Chikhale

6. Bebinanda Dattatray Sakat

7. Dattu Rama Sakat

8. Kondiba Soma Lande

9. Shivaji Dattu Sonawane 10.Navnath Shanrao Vharkat 11.Sumitra Shivajirao Ysane 12.Suhas Arjun Shintre 13.Prabhavati Appaso Bagi 14.Vimal Gundurao Chaougale 15.Sameer Dastagir Mulani 16.Sunil Vasant Sutar 17.Prakash Shankar Kankekar 18.Hindurao Rajaram Matale 19.Sambhaji Govind Patil 20.Sharadkumar Uttam Shete 21.Pradip Maruti Manjrekar 22.Ashok Maruti Somade 23.Manjiri Chandrashekar Dhavale 24.Dipak Sitaram Yadav 25.Pratibha Jatin Kadam 26.Smita Sudhir Malavade 27.Alka Tukaram Darekar 28.Namdev Sakharam Dhamane 29.Abba Namdev Londhe 30.Chandakant Sahebrao Gaikwad 31.Sarala Shamrao Kame 32.Gajanan Namdev Payghan 33.Padole Santosh Kamkisan 34.Siddiqui Mohammad Irfan Sadulluah Mohd. Gaziuddin 35.Rajendra Shahurao Lad 36.Shivaji Ramrao Shinde 37.Dr. Suvarna Govind Jadhav 1/9

38. Dr.Ajay D. Mahajan 39.Deshmukh Chandrakala Shivaji 40.Turevale Balaji Pandurang 41.Ramkrushna Kashiram Patil 42.Shravan Vaman Jadhav 43.Rajendra Kashinath Parhe 44.Gurudatta Govind Nimbale 45.Macchindranath Vasudev Patil 46.Sanjay Bhanudas Patil 47.Sunil Pitambar Patil 48.Khalil Fattu Tadavi 49.Vandana Bhagwantrao Theng 50.More Lata Shantaram 51.Mote Chaganla Khandu 52.Siddqui Ismail Teli 53.Dhyaneshwar Poonam Marathe 54.Devidas Shivaji Shevale 55.Sopan Gokulrao Khairnar 56.Chandrakant Krushnaji Mahajan 57.Balasaheb Karbhari Mahale 58.Devendra Tanaji Patil 59.Vilas Jagnnath Gavale 60.Nima Nathu Borse 61.Dipali Bhaskar Kumavat 62.Rajendra Bapurao Ugale 63.Chandrabhaga Punjaji Tupe 64.Bhausaheb Beljam Mokal 65.Shubhra Somnath Roy 66.Maya Suresh Gedam 67.Kirti Mukund Palatkar 68.Pakshbhan Tukaram Dhok 69.Vandana Dilip Badvaik 70.

Manish Bharatkumar Shete 71.Prabhu Sitaram Vaidya 72.Rajendra Nikanthrao Ghugare 73.Kanchan Narayanrav Bokade 74.Khurshid Khan Bismilla Khan Pathan 75.Arvind Himmatrao Deshmukh 76.Narendra Omkarrao Bhandarkar 77.Ramesh Parabhakar Bobade 78.Narendra Divakar Kandurvar 79.

80.Ajay Shriram Tale

81. Gopal Ramrao Mankar

82. Purushottam Pundalik Zode

83. Suhasini Shridhar Gharade

84. Ganesh Bhagvat Sarve

85. Manohar Mangalji Meshram

86. Sudhakar Jagannath Madavi

87. Smita Sanjay Thakare

88. Smita Bahgwantrao Kokate

89. Uday Kamalakar Nandgaonkar

90. Radha Mohanrao Murkute

91. Deepak Rajaramji Raut

92. Archana Yadavrao Deshkar

93. Abdul Ghafoor Abdul Rashid

94. Ganesh Narsing Jadhav

95. Rathod Shivaji Dhenu

96. Sanjeevani Ganpati Jadhav

97. Sanjay Ramdas Sonawane

98. Sarjerao Dagadu Mate

99. Sunil Maruti Patil 100.Meera Rajaram Patil 101.Harishchnadra Yadavrao Dhobale 102.Lata Shravan Sakharkar 103.Sudhakar Daulat Popate 104.Pradipkumar Shivprasad Meshram 105.Naresh Ratan Badwaik 106.Vasant Isram Dhande 107.Pravinkumar Muttanna Pullurwar ..... Petitioners Vs.

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

2. The State of Maharashtra Through the Principal Secretary, Department of Finance, Mantralaya, Mumbai.

3. The Director of Education (Primary), 3/9

having its Office at Pune.

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

5. The Deputy Director of Education (Primary), Pune Division, Pune.

6. The Deputy Director of Education (Secondary), Pune Division, Pune.

7. The Deputy Director of Education (Primary), Kolhapur Division, Kolhapur.

8. The Deputy Director of Education (Secondary), Kolhapur Division, Kolhapur.

9. The Deputy Director of Education (Primary), Mumbai Division, Mumbai.

10.The Deputy Director of Education (Primary), Nasik Division, Nasik.

11. The Deputy Director of Education (Secondary), Nasik Division, Nasik.

12.The Deputy Director of Education (Primary), Latur Division, Latur.

13.The Deputy Director of Education (Secondary), Latur Division, Latur.

14. The Deputy Director of Education (Primary), Aurangabad Division, Aurangabad.

15. The Deputy Director of Education (Secondary), Aurangabad Division, Aurangabad.

16. The Deputy Director of Education (Primary), Amravati Division, Amravati.

17. The Deputy Director of Education (Secondary), 4/9

Amravati Division, Amravati.

18. The Deputy Director of Education (Primary), Nagpur Division, Nagpur.

19. The Deputy Director of Education (Secondary), Nagpur Division, Nagpur.

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

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

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

23.The Chief Executive Officer, Sindhudurg Zilla Parishad, Sindhudurg.

24.The Chief Executive Officer, Satara Zilla Parishad, Satara.

25.The Chief Executive Officer, Ratnagiri Zilla Parishad, Ratnagiri.

25A. The Chief Executive Officer, Palghar Zilla Parishad, Palghar.

26.The Chief Executive Officer Ahmednagar Zilla Parishad, Ahmednagar 27.The Chief Executive Officer, Aurangabad Zilla Parishad, Aurangabad.

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

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

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

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

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

33. The Chief Executive Officer, Gadchiroli Zilla Parishad, Gadchiroli.

34. The Chief Executive Officer, Yavatmal Zilla Parishad, Yavatmal.

35. The Chief Executive Officer, Chandrapur Zilla Parishad, Chandrapur.

36. The Chief Executive Officer, Nagpur Zilla Parishad, Nagpur.

37. The Chief Executive Officer, Bhandara Zilla Parishad, Bhandara.

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

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

40. The Chief Executive Officer, Parbhani Zilla Parishad, Parbhani.

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

42.The Chief Executive Officer, Akola Zilla Parishad, Akola.

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

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44. The Chief Executive Officer, Gondhiya Zilla Parishad, Gondhiya.

..... 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 (Other than Petitioner Nos.53, 73 and 99 to 107) claim to have received State / National Award prior to the issuance of G.R. dated 4th September 2018. On that basis, the Petitioners (Other than Petitioner Nos.53, 73 and 99 to 107) 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 & Ors. 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 State / National award prior to 4th September 2018. After verifying this aspect, the Petitioners were held entitled to 7/9

receive 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 (Other than Petitioner Nos.53, 73 and 99 to

107) have received the State / National Award prior to 4th September 2018.

5.

If it is found that the Petitioners (Other than Petitioner Nos.53, 73 and 99 to 107) 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.

Insofar as Petitioner Nos.53, 73 and 99 to 107 are concerned, they too claim entitlement to two advance / additional increments in terms of G.R. dated 4th September 2014. The issue raised in this regard has been considered and decided in Writ Petition No.13440 of 2017 (Ananta Sakharam Jadhav & Ors. vs. The State of Maharashtra & Ors.) on 9th June 2022. Hence, similar direction is issued to verify as to whether Petitioner Nos.53, 73 and 99 to 107 have received State / National award prior to 4th September 2014.

7.

Accordingly, the Respondents shall examine whether Petitioner Nos. 53, 73 and 99 to 107 have received the State / National award prior to 4th 8/9

September 2014. After verifying this aspect, if it is found that they are entitled to the benefit of G.R. dated 4th September 2014, they shall be granted the additional increments in accordance with the policy of the State Government. The entire exercise be completed within the period of six months of receiving copy of this order.

8.

Rule is disposed of in aforesaid terms. No order as to costs. (FIRDOSH P. POONIWALLA, J.) (A.S.CHANDURKAR, J.) 9/9