Ganesh Shankar Mahale v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1017 WRIT PETITION NO.6887 OF 2019 WITH WP/6927/2019 WITH WP/6928/2019 WITH WP/6929/2019 WITH WP/6930/2019 WITH WP/6931/2019 WITH WP/6932/2019 WITH WP/6933/2019 WITH WP/6934/2019 WITH WP/6935/2019 WITH WP/6936/2019 WITH WP/6937/2019 WITH WP/6938/2019 WITH WP/6939/2019 WITH WP/6940/2019 WITH WP/6941/2019 WITH WP/6942/2019 WITH WP/6943/2019 WITH WP/6944/2019 WITH WP/6945/2019 SAHEBRAO SHANABHAU GIRASE

VERSUS

THE STATE OF MAHARASHTRA AD OTHERS ...

Advocate for Petitioner : Mr. Patil Prakashsing B. AGP for Respondents/State : Mrs.R.P. Gour Advocate for Respondent Nos.4 & 5 : Mr. N.N. Desale & Mr. Rahul Pawar ...

CORAM :

S.V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE :

12.06.2019 P.C. :- Issue notice to the respondents. Learned A.G.P. waives service of notice on behalf of respondent nos.1 to 3. Mr. Desale the learned advocate

( 2 ) waives notice for respondent nos.4 and 5.

2.

We have heard Mr. Patil the learned advocate for the petitioner, the learned A.G.P. and Mr. Desale and Mr. Pawar the learned advocates for respective Zilla Parishads.

3.

The issue involved in the present matter is no longer res integra. In view of the order dated 25.01.2019 in Writ Petition No. 1954 of 2018 with connected writ petitions. In light of the above we follow the same course. 4.

Learned counsel for petitioners submits that all the petitioners in these writ petitions are the District awardee teachers prior to 04.09.2018. 5.

For the first time additional increment was given to the District awardee teachers under Govt. Resolution dated 12.12.2000. Pursuant thereto, additional increments as per the said Govt. 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 cases, we are concerned only with the District awardee teachers.

7.

Upon perusal of various Govt. Resolutions placed on record, it does not appear that prior to the Govt. Resolution dated 04.09.2018, there

( 3 ) was any Govt. 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 Govt. Resolution dated 04.09.2018. However, Govt. Resolution dated 04.09.2018 can not be given retrospective effect.

8.

Govt. Resolution relied by the learned counsel for Zilla Parishad viz. Govt. Resolution dated 27.02.2009 is general in nature. It only states that the committee formed by the Govt. has made recommendation and the same is to be accepted with certain modifications. Under the Govt. Resolution dated 24.08.2017, Govt. 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 Govt. 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.

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ORDER

I.

The respondent/Zilla Parishad after confirming themselves of the 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.

II.

The order impugned is quashed and set aside. Writ petitions are disposed of.

[MANGESH S. PATIL, J.] [S.V. GANGAPURWALA, J.] mub