Vitthalrao Parmanandji Fultambkar And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2015 OF 2016 Vitthalrao s/o Parmanandji Fultambkar and eleven others PETITIONERS

VERSUS

The State of Maharashtra, and others RESPONDENTS ---- Mr. S.S. Thombre, Advocate for the Petitioners Mr. S.B. Yawalkar, A.G.P. for respondent Nos. 1 and 2 Smt. Pratibha Bharad, Advocate for respondent Nos. 3 & 4 ---- CORAM :

S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : 9th AUGUST, 2016 PER COURT :

Heard the learned counsel for the petitioner the learned A.G.P. and the learned counsel for respondent Nos. 3 and 4.

2.

The learned counsel for the petitioners submits that all the petitioners are declared as State Awardee teachers during the period from 2005-06 to 2012-13. He submits that the Government Resolution dated 4th September, 2014, issued by the School Education and

wp2015-2016 Sports Department, Government of Maharashtra cannot be made applicable in the facts of the present case, inasmuch as it will have prospective application. He submits that by issuing subsequent Govt. Resolution dated 1st February, 2016 by the same Department, it is clarified that the Government Resolution dated 4th September, 2014 will apply from the date of issuance of the said Government Resolution and secondly, in clause 2.1 of the said Government Resolution dated 1st February, 2016, it is specifically mentioned that the teachers who have been declared as the State Awardees, they will be entitled for grant of two advance increments. 3.

The learned A.G.P. appearing for the State fairly submits that as the said Govt. Resolution dated 1st February, 2016, all the petitioners are entitled for the benefit of grant of two advance increments as they have been declared as the Awardee teachers during the period from 2005-06 to 2012-13.

4.

Considering the above referred Govt. Resolution dated 1st February, 2016 and the submissions advanced on behalf of the petitioners and by the learned A.G.P., we hold that the petitioners who have been declared as the

wp2015-2016 State Awardee teachers during the period from 2005-06 to 2012-13 will be entitled for the benefits of two advance increments. We direct the respondents to take the necessary steps so as to grant benefit of two advance increments to the petitioners, if already not granted, as expeditiously as possible; however, within a period of ten weeks from today.

5.

The writ petition stands disposed of in the above terms.

6.

The parties to act on authenticated copy of this order.

[SANGITRAO S. PATIL] [S.S. SHINDE] JUDGE JUDGE npj/wp2015-2016