Baliram Rangnathrao Kale And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5037 OF 2019 Baliram Rangnathrao Kale Age: 46 years, Occu. Service R/o Gondi, Tq. Ambad, Dist. Jalna Yakub Banemiya Deshmukh Age: 54 years, Occ. Service R/o. Pakani, Tq. Partur Dist. Jalna.

Sayabu Hariba Shinde Age: 49 years, Occ. Service, R/o. Mali Galli, Paranda, Tq. Paranda, Dist. Osmanabad.

Pratibha Shivaji Gawai, Age: 50 years, Occ. Service R/o. Mohora Tq. Jafrabad, Dist. Jalna.

Kishorkumar Bhimrao Narote Age: 46 years, Occu. Service, R/o. Mungi, Tq. Shevgaon, Dist. Ahmednagar 6.

Sadhana Bajarang Pardeshi Age: 41 years, Occ. Service R/o. Shahagad, Tq. Ambad, Dist. Jalna ... Petitioners

Versus

The State of Maharashtra Through its Secretary, Rural Development and Water Conservation and School Education Department, Mantralaya, Mumbai The Chief Executive Officer, Zilla Parishad, Jalna, Dist. Jalna.

The Education Officer (Primary, Zilla Parishad, Jalna, Dist. Jalna.

... Respondents

2 942,946-wp-5037,5072-19.doc WITH WRIT PETITION NO. 5072 OF 2019 Namdeo Ganpat Jadhav Age: 52 years, Occ. Service R/o. Khokarmoha,Tq. Shirur (Kasar), Dist. Beed.

Pralhad Kundlik Aaghav, Age: 48 years, Occ. Service, R/o. House No.A-4, Chudhari Nagar, Mantha Road, Jalna, Tq. & Dist. Jalna.

Sangameshwar Vaijinath Malbhage Age: 52 years, Occ. Service, R/o. Sevali, Tq. & Dist. Jalna.

Musharrafkhan Gulabkhan Khan Age: 56 years, Occ. Service, R/o. Sardarkhan Momin Manzil, Silk Mills Colony, Paithan Road, Aurangabad, Tq. & Dist. Aurangabad.

Uttam Punjaji Zine Age: 58 years, Occu. Pensioner R/o. Gautam Nagar, Karmayogi Housing Society, Chikhali Road, Bundhana Tq. & Dist. Buldhana.

... Petitioners

Versus

The State of Maharashtra Through its Secretary, Rural Development and Water Conservation and School Education Department, Mantralaya, Mumbai The Chief Executive Officer, Zilla Parishad, Jalna, Dist. Jalna.

The Education Officer (Primary, Zilla Parishad, Jalna, Dist. Jalna.

... Respondents ....

Mr. Estling S. Murge, Advocate for petitioners in both matters. Ms. R. P. Gaur, AGP for the State in W.P.No.5037 of 2019. Ms. V. N. Patil-Jadhav, AGP for the State in W.P.No.5072 of 2019. ....

3 942,946-wp-5037,5072-19.doc CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ DATED : 26th APRIL, 2019 PER COURT:- Heard learned counsel for the petitioners.

Learned counsel for the petitioners submitted that the issue raised in these petitions is squarely covered by the judgment of this Court dated 25/01/2019 in bunch of petitions i.e. Writ Petition No.1954 of 2018 and other connected petitions. He also invited our attention to the order of this Court dated 09/04/2019 passed in Writ Petition No.4471 of 2019 and connected writ petition. Notice made returnable forthwith. Learned AGP waives notice for respondent No. 1. Learned counsel in support of submission state that the petitioners are the Awardee Teachers. Our attention is invited to the copies of certificate issued to that effect in favour of petitioners.

We see no reason to take different view than the view taken by the Division Bench in order dated 25/01/2019 passed in Writ Petition No. 1954 of 2018 and other connected petitions. As such, the petitions are disposed of with directions to respondent Nos. 2 and 3 that after confirming themselves that the

4 942,946-wp-5037,5072-19.doc petitioners being District Awardee Teachers and awarded certificate prior to 04/09/2018 shall individually consider the case of the petitioners for additional increment as is laid down under the Govt. Resolution dated 12/12/2000. The same shall be considered on its own merits expeditiously preferably within a period of six months from the date of this order. 6.

Writ petitions are accordingly disposed of.

( NITIN W. SAMBRE ) (PRASANNA B. VARALE) JUDGE JUDGE SMS