Tehzib Shirazi Vaziroddin Sayeda v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 WRIT PETITION NO.10698 OF 2021 TEHZIB SHIRAZI VAZIRODDIN SAYEDA ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Estling S. Murge, Advocate for the Petitioner. Mr. P. K. Lakhotiya, AGP for Respondent No.1. Mr. P. D. Suryawanshi, Advocate for Respondent Nos.2 and 3.

...

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 27th SEPTEMBER, 2021.

PER COURT:- 1.

The learned A.G.P. accepts notice for respondent no.1. The learned counsel accepts notice for respondent nos.2 and 3.

2.

The learned counsel for the petitioner and learned counsel for respondent no.2 and 3 are adidem that the petitioner is similarly situated as the petitioners in Writ Petition No.8140 of 2019 decided on 04.07.2019 and submits that the same order be passed.

3.

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 Govt. Resolution were given.

(2) 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 case, we are concerned only with the District awardee teachers.

5.

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.

6.

Government Resolution relied by the learned counsel for the respondent/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 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 Govt. Resolution dated 04/09/2018 now the benefit

(3) 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 04/09/2018 can not be denied the said benefit of additional increment.

8.

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

ORDER

A.

The respondent Nos. 2 and 3 / Zilla Parishad after confirming themselves of the petitioner being District awardee teacher and awarded certificate prior to 04/09/2018 shall consider the case of the petitioner 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 (06) months from today.

B.

The writ petition is disposed of accordingly. No costs.

(R. N. LADDHA) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/September-2021