Ashok Kundlik Kharat v. The State Of Maharashtra Through Its Deputy Secretary And Others

2024:BHC-AUG:3497-DB wp5006-22(1) (This order stands corrected in view of the order dated 12.02.2024)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 WRIT PETITION NO. 5006 OF 2022 SAMBHAJI MAHAJANRAO ALEWAD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 906 WRIT PETITION NO. 11475 OF 2023 ASHOK KUNDLIK KHARAT

VERSUS

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

Mr. Mathpati Shivkumar K, Advocate for the Petitioners Mr. S. B. Narwade, AGP for the Respondents State

CORAM

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

DATE : 2nd February, 2024 ORDER:

1.

The learned Advocate for the Petitioners relies upon the order passed by this Court dated 26th September, 2023 in Writ Petition No. 11817 of 2023 ( Hanmant Dhondiram Gaikwad & another Vs. The State of Maharashtra, through it's Deputy Secretary & others ). 2.

It is clear that those teachers who have got National/State Awards prior to 04.09.2014, would be entitled to the benefit of two additional increments, as per the GR dated 24.01.2023 and the GR dated 30.04.1984.

3.

In view of the above, in the case of Petitioner Nos. 1 and 3 in Writ Petition No. 5006/2022, namely Sambhaji s/o Mahajanrao Alewad

wp5006-22(1) and Baburao s/o Hanmantu Ramod, we direct the Respondents to conduct a verification exercise and confirm as to whether these two Petitioners are entitled for two additional increments on being selected as National/State Awardees. This exercise be completed within 60 days. If it is found that these two Petitioners are eligible for the benefits, the same would be extended to them within 60 days thereafter. 4.

With these directions, names of these Petitioner Nos. 1 and 3 stand deleted from the Petition by consent of the parties. 5.

In so far as the challenge to the GR dated 04.09.2014 is concerned, let the State file an affidavit in reply on or before 23rd February, 2024.

6.

List this Petition (WP/5006/2022 ) on 04.03.2023. 7.

All office objections to be removed on or before 22nd February, 2024, failing which, the Petition would stand dismissed on 23rd February, 2024 without reference to the Court. W P No. 11475/2023 8.

Since the Petitioner in Writ Petition No. 11475 of 2023 namely, Ashok Kundlik Kharat is identically placed with Petitioner Nos.1 and 2 in Writ Petition No. 5006/2022, for the same reasons and with the same directions, this Petition is disposed off. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan