Rajendrakumar Vasantrao Sonawane And Others v. The State Of Maharashtra Through The Secretary And Others
*1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.9766 OF 2022 RAJENDRAKUMAR VASANTRAO SONAWANE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...
Advocate for the Petitioners : Shri Bolkar Yogesh B. AGP for the Respondents/State : Shri P.K. Lakhotiya Advocate for Respondents 2 to 5 : Shri Maheshkumar S. Sonawane ...
CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.
DATE :- 22nd September, 2022 Per Court :- 1.
The petitioners have put forth prayer clauses B, C and D as under:- "B) By way of appropriate writ order or direction in the like nature, this Hon'ble High Court may kindly direct the respondent authorities to extent the benefits of additional increments in favour of the petitioners as per the Government Resolution dated 29.10.1990 and 05.11.1992, as the respondent authorities have granted the benefits of additional increments to the similarly situated employees and the employees who are junior to the petitioners.
C) By way of appropriate writ order or direction in the like nature, this Hon'ble High Court may
*2* kindly direct the respondent authorities to grant the difference of benefits of additional increments in favour of the petitioners from their respective dates of entitlement by considering the representations dated 05.05.2020 made by petitioners and forwarded before the respondent No.3 vide covering letters dated 26.05.2020 and 07.07.2020.
D) This Hon'ble High Court may kindly hold and declare that the State Government has published the Government Resolution on 24.08.2017 thereby decided not to grant the additional increments to the employees w.e.f. 01.10.2006 to 01.10.2015, however, the same cannot be made applicable retrospectively and therefore, the petitioners are entitled for grant of benefits of additional increments."
2.
The learned advocate representing the Zilla Parishad and the learned advocate for the petitioners point out an order passed by this Court dated 06.09.2019 in Writ Petition No.6480/2019 filed by Raosaheb Mango Patil and others vs. The State of Maharashtra and others. They pray that the same order can be passed.
3.
As such, in case, the petitioners are 'excellent work' awardees prior to 24.08.2017, then the authorities of the Zilla Parishad, after confirming that the petitioners are awarded certificates of excellent work, shall consider the cases of the petitioners for additional increments as laid down under the
*3* Government Resolution governing grant of additional increments to the excellent work awardees, within a period of six months from today.
4.
It is made clear that the Government Resolution dated 24.08.2017 does not have retrospective operation and will not be applicable to the Village Development Officers and the Extension Officers, who have been awarded certificates of excellent work prior to the said Government Resolution. 5.
The Writ Petition is disposed off. No costs.
kps (ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.)