Dharmraj Namdeo Magdhe And Others v. The State Of Maharashtra Through Its Secretary And Others

951-WP-13611-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13611 OF 2023 DHARMRAJ NAMDEO MAGDHE AND OTHERS

VERSUS

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

Ms Rekha M. Mohale, Advocate for Petitioners Mr. A. V. Deshmukh, AGP for Respondent - State Mr. A. R. Tapse, Advocate h/f Mr. P. D. Suryawanshi, Advocate for Zilla Parishad, Beed ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:31.10.2023.

PER COURT :- 1.

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

(( 2 )) 951-WP-13611-2023 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." [W.P. Nos. 12519/2019 and 9414/2021]. The learned Advocate for the Petitioners submits that they are satisfied if such order is made applicable to their cases. 2.

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

3.

In view of the above, this Petition is disposed off by adopting the above reproduced order. Consequentially, the impugned order is set aside to the extent of the Petitioners. The Zilla Parishad shall act as per the order stated above.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS