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Bombay High CourtWP/12540/2023disposed off

Manik Vitthalrao Salpe And Others v. The State Of Maharashtra Through Its Secreary And Others

2023-10-11Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 WRIT PETITION NO.12493 OF 2023 NIVRUTTI BABURAO GAIKWAD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH 929 WRIT PETITION NO.12536 OF 2023 SURYAKANT RAMCHANDRA KALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH 933 WRIT PETITION NO.12540 OF 2023 MANIK VITTHALRAO SALPE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH 1 WRIT PETITION NO.12732 OF 2023 JANULAL BHANUDAS SONWANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.S.K.Mathpati, Advocate for the Petitioners. Mr.S.K.Tambe and Mr.S.G.Karlekar, AGPs'

for the Respondent/State.

Mr.P.D.Suryawanshi, Advocate for Respondent Nos. 5 and 6. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : OCTOBER 11, 2023

- 2 - PER COURT :

1.

In all these Petitions, the Petitioners are identically placed. All of them received the District Teachers Award prior to 12.12.2000. In several matters, this Court has concluded that "the Respondent Zilla Parishad, after confirming itself of the Petitioner being a District Awardee Teacher prior to 04.09.2018, prior to his retirement, shall consider the case of the Petitioner for additional increment as laid down in the circular dated 12.12.2000. It is made clear that the Petitioner will not be entitled for actual monetary benefits till the date of his retirement. The additional increment shall be counted notionally. The benefit shall be given to the Petitioner for pension purpose." (WP Nos. 12519/2019 and 9414/2021]. The learned Advocate for the Petitioners submits that they are satisfied if the above order is made applicable to their cases.

2.

The learned Advocate for the Zilla Parishad has vehemently opposed these Petitions on the ground of delay and laches and submits that these Petitions do not deserve to be considered. In the alternative, he submits that the Petitioners may be deprived of the monetory benefits.

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In view of the above, all these Petitions are disposed off by adopting the above reproduced order. Consequentially, the impugned orders are set aside to the extent of the Petitioners. The Zilla Parishad shall act accordingly.

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