Sunil Sangamnath Dachawar And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14266 OF 2021 Sunil Sangmnath Dachawar and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Shivkumar K. Mathpathi, Advocate for the Petitioner. Shri A. S. Shinde, A.G.P. for the Respondent Nos. 1 to 4. Shri S. B. Pulkundwar, Advocate for the Respondent Nos. 5 and 6.

CORAM :

MANGESH S. PATIL AND SANDEEP V. MARNE, JJ.

DATE :

06.10.2022.

FINAL ORDER (Per Sandeep V. Marne, J.) :- .

Present petition is filed with a prayer for release of benefit of one additional increment as per circular dated 12 December 2000. The petitioners are District Awardee Teachers. The petitioners are recipients of the awards and in accordance with Government Resolution dated 12 December 2000, their cases are required to be considered for grant of one additional increment. Vide circular dated 04 September 2018, the provision for grant of one additional increment in the G. R. dated 12 December 2000 came to be deleted. This decision was taken in pursuance of the G. R. dated 24 August 2017.

2.

In similar cases arising out of grant of benefit of additional/

2 wp 14266.21 advance increment for excellent work, this Court has already decided applicability of the provisions of G. R. dated 24 August 2017 and has held that G. R. would apply prospectively. The review petitions filed by the State Government and the Zilla Parishads have been rejected vide order dated 30.08.2022 passed in Review Application (Civil) No.170 of 2022 in Writ Petition No.13760 of 2019 (The State of Maharashtra and Anr. Vs. Rupchand S/o. Narayan Shinde and Ors.).

3.

By applying same analogy the circular dated 04 September 2018 would also apply prospectively. Therefore, the respondents are directed to consider the cases of the petitioners for grant of benefit of one additional increment as per circular dated 12 December 2000 and if they are found eligible to grant of one additional increment, the same be granted in their favour. Consequential monetary benefits be paid to the petitioners within a period of six (06) months from today. 4.

The writ petition is disposed of. There shall be no order as to costs.

[SANDEEP V. MARNE, J.] [MANGESH S. PATIL, J.] bsb/Oct. 22