Tai Sakharam Waghmare v. The State Of Maharashtra Through Its Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO.1625 OF 2023 PANDHARINATH VITHOBA TALIMKAR, DIED, THROUGH LRS TAI SAKHARAM WAGHMARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 924 WRIT PETITION NO.1628 OF 2023 SMT. TAI SAKHARAM WAGHMARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr V. A. Bagal, Advocate for petitioners;

Mr S. G. Karlekar and Mr S. G. Sangle, A.G.Ps. for respondent/State Mr V. M. Vibhute, Advocate for respondent Nos.2 & 3 CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 10th February, 2023 PER COURT:

1.

The petitioners have put forth prayer clause 'B' as under : "(B) By issuing of writ of mandamus or any other direction or writs in the like nature, the Resp. Nos.2 and 3 may kindly be directed to grant / pay one additional increments to the petitioner from date of grant of District Teacher Award in view of circular dated 12.12.2000 issued by the State of Maharashtra within stipulated period, as the Circular dated 04.09.2018 is not applicable

(2) to the petitioner and for that purpose issue necessary direction or order to the respondents."

3.

All the parties are served in these matters. Heard. Perused the writ petitions paper book with the assistance of the learned Advocates.

4.

The claim put forth by the petitioners is as regards a right to seek additional increment on the ground that, they are District Awardee Teachers. Since the grievance is that the Circular dated 12.12.2000, issued by the State Government of Maharashtra for granting one additional increment as a reward for being a scholarly teacher, has not been followed, that the petitioners are before this Court.

5.

A Co-ordinate Bench of this Court has delivered an order on 24.09.2019 in Writ Petition No.11700 of 2019, filed by Vishnu Sahebrao Khandagale and others Vs. The State of Maharashtra and others, with a connected petition, based on an earlier decision of this Court, dated 25.01.2019 in Writ Petition No.1954 of 2018. 6.

Since it is undisputed that the petitioners are identically placed with the petitioners in Writ Petition No.11700 and 11798 of 2019, we do not find any reason to arrive at a decision contrary

(3) to the view taken by the Co-ordinate Bench of this Court. For the sake of clarity, it would be apposite to reproduce paragraph Nos.4 to 10 of the order dated 24.09.2019, hereunder : "4.

Learned counsel for petitioners submits that all the petitioners are the District Awardee teacher prior to 04/09/2018.

5.

For the first time additional increment was given to the District awardee teachers under Government Resolution dated 12/12/2000. Pursuant thereto, additional increments as per the said Government Resolution were given.

6.

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. 7.

Upon perusal of various Government Resolutions placed on record, it does not appear that prior to the Government Resolution dated 04/09/2018, there was any Government Resolution taking away benefit of the additional increment given to District awardee teachers. Of course, now, no District awardee teacher would be entitled for the benefit in view of the Government Resolution dated 04/09/2018. However, Government Resolution dated 04/09/2018 can not be given retrospective effect.

8.

Government Resolution relied by the learned counsel for Zilla Parishad viz. Government Resolution dated 27/02/2009 is general in nature. It only states that the committee formed by the Government has made

(4) recommendation and the same is to be accepted with certain modifications. Under the Government Resolution dated 24/08/2017, Government has taken decision that the benefit of advance increment would not be available to those who were granted certificate of excellent work. It is under the Government Resolution dated 04/09/2018 now the benefit of additional increment to the District awardee teacher can not be given.

9.

However, all those who were granted certificate of District awardee teacher prior to 04/09/2018 can not be denied the said benefit of additional increment. 10.

In light of the above, we pass the following order.

ORDER

The respondent/Zilla Parishad after confirming themselves of the petitioners being District awardee teachers and awarded certificate prior to 04/09/2018, shall 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."

7.

In view of the above, these petitions are disposed off, with similar directions as under :

(a) The respondent - Zilla Parishad, after confirming that the petitioners are District Awardee Teachers and are awarded such certificate prior to 04.09.2018, shall consider the case of these

(5) petitioners for additional increment, as is laid down under the Government Resolution dated 12.12.2000.

(b) The same shall be considered on it's own merits, expeditiously and preferably within a period of six

(6) months.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk