Hanmant Dhondiram Gaikwad And Another v. The State Of Maharashtra Through Its Deputy Secretary And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11817 OF 2023 HANMANT DHONDIRAM GAIKWAD AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS DEPUTY SECRETARY AND OTHERS ...

Advocate for the Petitioners : Shri Shivkumar K. Mathpati AGP for Respondents 1 to 6/State :

Advocate for Respondent 7 : Shri Suhas B. Ghute ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 26th September, 2023 Per Court :- 1.

Petitioner Nos.1 and 2 were appointed as Assistant Teachers on 04.08.1995 and 05.08.1991, respectively. Petitioner No.1 is declared as the National Awardee Teacher on 09.08.2014, whereas, Petitioner No.2 is declared as the State Awardee Teacher on 07.02.2014.

2.

Since both the Petitioners claim to be the National/ State Awardee Teachers, they are entitled for two additional increments along with arrears in the light of the Government Resolution dated 24.01.2013. Till today, two additional

*2* increments have not been paid. The Petitioners have placed on record in the Petition paper book, several orders passed by this Court granting two additional increments to the National/ State Awardee teachers.

3.

In view of the above, the grievance of the Petitioners is answered in catena of judgments, first one being the order dated 16.12.2014 delivered in Writ Petition No.6116/2014 filed by Suresh Raghoba Bhowate vs. The State of Maharashtra and others.

4.

This Writ Petition is, therefore, partly allowed with the following directions:- (a) The Respondents are at liberty to conduct a verification exercise and confirm that the Petitioners are entitled for two additional increments on account being selected as the National/ State Awardee Teachers in terms of the Government Resolution dated 24.01.2013 or any other Government Resolutions/ Policies applicable. This exercise shall be completed within 60 (sixty) days from today.

(b) Since the Petitioners have been selected as the National/ State Awardee Teachers prior to 04.09.2014 on which date, the Government issued another resolution and modified

*3* some conditions and converted the grant of two additional increments into a lump-sum payment of Rs.1 lac as an award, the entitlement of the Petitioners would be as per the Government Resolution dated 24.01.2013.

(c) If the Petitioners are confirmed to be the National/ State Awardee Teachers, they would be granted monetary benefits as expeditiously as possible and preferably within 60 (sixty) days from the date of the completion of the verification exercise.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)