Basavaraj Mahadev Mashalkar And Others v. The State Of Maharashtra And Others
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 926 WRIT PETITION NO.9463 OF 2019 SANJAY MAHARUDRA KSHIRSAGAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS with 957 WRIT PETITION NO.9501 OF 2019 BASAVARAJ MAHADEV MASHALKAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioners : Mr. Murge Estling S AGP for Respondents/State : Mr. K.B. Jadhavar Advocate for Respondents : Mr. R.D. Raut for R/2 & 3 ...
with 978 WRIT PETITION NO.9522 OF 2019 SHANTILAL RANGNATH KHARAT AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioners : Mr. Murge Estling S AGP for Respondents/State : Mr. S.B. Yawalkar Advocate for Respondents : Mr. P.P. Dama for R/2 & 3 ...
with 979 WRIT PETITION NO.9523 OF 2019 MANDA YASHWANT PAGARE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
( 2 ) ...
Advocate for Petitioners : Mr. Murge Estling S AGP for Respondents/State : Mrs. M.A. Deshpande Advocate for Respondents : Mrs. S.M. Zaware for R/2 & 3 ...
CORAM :
S.V. GANGAPURWALA & MANGESH S. PATIL, JJ.
DATE :
31.07.2019 P.C. :- We have heard learned counsel for petitioners, learned A.G.P. and learned counsel for respective Zilla Parishads. 2.
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 Government Resolution dated 12.12.2000. Pursuant thereto, additional increments as per the said Government 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.
( 3 ) 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 Zilla Parishads viz. Government Resolution dated 27.02.2019 is general in nature. It only states that the committee formed by the Government has made recommendations 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.
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.
( 4 ) 8.
In light of the above, we pass the following order. 9.
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 government Resolution dated 12.12.2000. The same shall be considered on its own merits, expeditiously and preferably within a period of six (06) months. 10.
Writ Petitions are disposed of accordingly. No costs. [MANGESH S. PATIL, J.] [S.V. GANGAPURWALA, J.] mub