Maruti Rama Kamble And ORS v. The State Of Maharashtra And Others

1 999 WP-11406-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11406 OF 2018 MARUTI RAMA KAMBLE AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Sandeep B. Sontakke AGP for Respondent No.1 : Mr. K.N. Lokhande Advocate for Respondents No.2 and 3 : Ms. Yogita M. Kshirsagar ...

CORAM : S.S. SHINDE AND K.K. SONAWANE, JJ.

DATED : 14th DECEMBER, 2018 Order :- The petitioners' claim to be the District Awardee Teachers and seeks benefit of one additional increment in tune with the Circular dated 12th December, 2000.

2.

The petitioners rely on the Judgment and order of Division Bench at Nagpur in Writ Petition No. 625 of 2016 (Sharad Laxmanrao Pawar and others Versus State of Maharashtra and others) dated 17-11-2017, and the Judgment and order of Division Bench at Nagpur in in Writ Petition No. 8165 of 2017 (Inayatullah Shafiullah Khan and others Versus The State of Maharashtra) dated 5th April, 2018. It has been held that the benefit of additional increment to the District Awardee Teachers was not taken away.

2 999 WP-11406-2018 3.

Learned counsel appearing for the respondents No. 2 and 3 has tendered across the bar Government Circular dated 4th December, 2018. The same is taken on record. Relying on aforesaid Government Circular, learned counsel for respondents No. 2 and 3 submits that by issuing such circular, clause No. 12 of earlier decision of Rural Development Department issued on 12th December, 2000 in respect of the benefit of additional increment to the District Awardee Teachers has been withdrawn/deleted. Therefore, she prays for rejection of the writ petition.

4.

Respondents No. 2 and 3, after confirming that the petitioners are the District Awardee Teachers, shall consider their claim and to take decision in respect of grant of additional increments as per circular dated 12th December, 2000, as well as Government Circular dated 4th September, 2018 and the Judgments of this Court at Nagpur in Writ Petition No. 8165 of 2017 (Inayatullah Shafiullah Khan and others Versus The State of Maharashtra) dated 5th April, 2018, and Writ Petition No. 625 of 2016 (Sharad Laxmanrao Pawar and others Versus State of Maharashtra and others), dated 17th November, 2017, as expeditiously as possible, however, within a period of four (4) months from the date of receipt of this order. In case, the decision taken by the respondents is adverse, liberty to the petitioner to challenge the same before the appropriate forum within the ambit of Law. 5.

The Writ Petition stands disposed of accordingly. No costs. [ K. K. SONAWANE, J. ] [ S. S. SHINDE, J. ] MTK