Pandit Janardhan Munde And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO.2178 OF 2021 SUBHASH RAMJI SHINDE AND OTHERS Advocate for Petitioners: Mr. S K Mathpati AGP for Respondents/State: Mr. K. N. Lokhande Mr. S. R. Yadav Lonikar 922 WRIT PETITION NO.2524 OF 2021 HARIBHAU ANNASAHEB HARKAL AND OTHERS AGP for Respondents/State: Mr. S. G. Karlekar Mr. S. R. Yadav Lonikar 926 WRIT PETITION NO.2532 OF 2021 PANDIT JANARDHAN MUNDE AND OTHERS AGP for Respondents/State: Mr. S. K. Tambe Mr. P. D. Suryawanshi 938 WRIT PETITION NO.2544 OF 2021 VIJAYKUMAR KUNDLIK AMTE Advocate for Petitioner: Mr. Mathpati Shivkumar K

2 wp 2178.2021+ AGP for Respondents/State: Mr. K. N. Lokhande Mr. P. D. Suryawanshi 939 WRIT PETITION NO.2545 OF 2021 GAUTAM KISHANRAO JADHAV AND OTHERS AGP for Respondents/State: Mr. S. R. Yadav Lonikar Mr. P. D. Suryawanshi 947 WRIT PETITION NO.2553 OF 2021 BALAJI MADHAVRAO SONTAKKE AND OTHERS AGP for Respondents/State: Mrs. V. S. Chaudhari Mr. P. R. Tandale 948 WRIT PETITION NO.2554 OF 2021 VASANT VYANKATRAO GHOGRE AND OTHERS AGP for Respondents/State: Ms. P. V. Diggikar Mr. S. R. Yadav Lonikar 957 WRIT PETITION NO.2563 OF 2021 PANDHRINATH GIRDHAR PATIL AND OTHERS

3 wp 2178.2021+ AGP for Respondents/State: Ms. P. V. Diggikar Mr. Avinash Aghav 959 WRIT PETITION NO.2565 OF 2021 GANPAT BHIKAJI PADMANE AND OTHERS AGP for Respondents/State: Mr. A. R. Kale Mr. S. B. Ghute 984 WRIT PETITION NO.3811 OF 2020 DASHRATH BHAURAO DHUMAL Advocate for Petitioner: Mr. Mathpati Shivkumar K AGP for Respondents/State: Mr. P. K. Lakhotiya Advocate for Respondents No. 7&8:

Mr. P. R. Tandale CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE: 09th FEBRUARY, 2021 PER COURT:

1.

We have heard learned Counsel for petitioners, learned A.G.P. and learned Counsel for respective Zilla Parishads.

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Learned Counsel for the petitioners submits that all the petitioners in these writ petitions are the District awardee teachers prior to 04/09/2018.

3.

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.

4.

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.

5.

Upon perusal of various Govt. Resolutions placed on record, it does not appear that prior to the Govt. Resolution dated 04/09/2018, there was any Govt. Resolution taking away benefit of the additional increment given to District awardee

5 wp 2178.2021+ 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.

6.

Govt. Resolution relied by the learned Counsel for Zilla Parishads viz. Govt. Resolution dated 27/02/2009 is general in nature. It only state 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.

7.

However, all those who were granted certificate of District awardee teacher prior to

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8.

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

ORDER

The respondents / Zilla Parishads 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 and preferably within a period of six (06) months. 9.

Writ Petitions are accordingly disposed of.

No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe