Vijay Vishnu Panjarkar v. The State Of Maharashtra Through Its Secretary And Others

984 WP 9633 23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 984 WRIT PETITION NO.9633 OF 2023 VIJAY VISHNU PANJARKAR

VERSUS

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

Advocate for Petitioner : Mr. Bagal Vishal A. AGP for Respondent No. 1 : Mr. S.G. Sangale Advocate for Respondent Nos. 2 and 3 : Mr. S.B. Solanke h/f Mr. V.M. Vibhute

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 11.08.2023 PER COURT :

Heard the learned advocate for the petitioner , learned A.G.P. and the learned advocate Mr. Solanke h/f Mr. Vibhute learned advocate for the respondent nos. 2 and 3 suo moto.

2.

The petitioner who is a District Awardee Teacher is seeking to derive benefit of the Government circular dated 12.12.2000 of having one additional increment.

3.

It appears that Clause 12 of that circular which enables an Awardee to claim one additional increment was deleted by a Government resolution dated 04.09.2018. However, this Court in the matter of Sarjerao Shamrao Gadade and others Vs. The State of Maharashtra and others in Writ Petition No. 3283/2023 decided on 21.03.2023 in similar set of circumstances had observed that the District Awardee Teachers whose proposal was in a meeting held on 01.09.2018 but were actually conferred with the award on 05.09.2018 will not be governed by the Government resolution dated 04.09.2018 which would operate prospectively. 1/2

984 WP 9633 23.odt 4.

In that view of the matter, we allow the writ petition. The respondent-Zilla Parishad, Jalna shall verify the petitioner's claim and take appropriate decision treating him as an '

Awardee' prior to the Government resolution dated 04.09.2018. The decision shall be taken as expeditiously as possible and in any case within four weeks and if the petitioner is found entitled to he shall be paid all the benefits within six weeks thereafter. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 2/2