Rajesh Ramdas Rathod v. The State Of Maharashtra And Others

1 986-WP-12381-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12381 OF 2019 RAJESH RAMDAS RATHOD ...PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr. E.S. Murge, Advocate for Petitioner Mrs. Geeta L. Deshpande, AGP for Respondents-State CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 9th OCTOBER, 2019 ORAL ORDER:

1] We have heard learned counsel for petitioner, learned Assistant Government Pleader in this writ petition and learned counsel for Zilla Parishad.

2] Learned counsel for petitioner submits that the petitioner in this writ petition is the District awardee teacher prior to 04/09/2018.

3] For the first time additional increment was given to the District awardee teachers under Govt. Resolution dated 12/12/2000. Pursuant thereto, additional increments as per the said Govt. Resolution were given.

4] There are other categories of awardee teachers such as State awardee teachers, national awardee teachers and the award

2 986-WP-12381-2019 being given for excellent /outstanding work. In the present case, we are concerned only with the District awardee teacher. 5] Upon perusal of various Govt. Resolutions placed on record, it does not appear that prior to the Govt. Resolution dated 04/09/2018, there was any Govt. Resolution taking away benefit of the additional increment given to District awardee teachers. Of - course, now, no District awardee teacher would be entitled for the benefit in view of the Govt. Resolution dated 04/09/2018. However, Govt. Resolution dated 04/09/2018 can not be given retrospective effect.

6] Govt. Resolution relied by the learned counsel for the respondent/Zilla Parishad viz. Govt. Resolution dated 27/02/2009 is general in nature. It only states that the committee formed by the Govt. has made recommendation and the same is to be accepted with certain modifications. Under the Govt. Resolution dated 24/08/2017, Govt. has taken decision that the benefit of advance increment would not be available to those who were granted certificate of excellent work. It is under the Govt. Resolution dated 04/09/2018 now the benefit of additional increment to the District awardee teacher can not be given.

7] However, all those who were granted certificate of District awardee teacher prior to 04/09/2018 can not be denied the said benefit of additional increment.

8] In light of the above, we pass the following order.

ORDER

A.

The respondent Nos. 2 and 3 / Zilla Parishad after

3 986-WP-12381-2019 confirming themselves of the petitioners being District awardee teachers and awarded certificate prior to 04/09/2018 shall individually consider the case of the petitioner for additional increment as is laid down under the Govt. Resolution dated 12/12/2000. The same shall be considered on its own merits expeditiously preferably within a period of six (06) months from today.

B.

The writ petition is disposed of accordingly. No costs. [ ANIL S.KILOR ] [ S.V.GANGAPURWALA ] JUDGE JUDGE mta