Arun Sopan Patil And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

( 1 ) 935 wp 13962.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO.13962 OF 2023 ARUN SOPAN PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS AND 936 WRIT PETITION NO.13963 OF 2023 MOHAN LAXMIKANTRAO SEWLIKAR

VERSUS

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

Advocate for Petitioners : Mr. Mathpati Shivkumar K AGP for Respondents/State : S/Shri V.M. Kagne & P.K. Lakhotiya Advocate for R/6 & 7 in WP/139672/23 : Mr. S.R. Dheple Advocate for R/5 & 6 in WP/13963/23 : Mr. V.M. Vibhute ...

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

DATE : 4th November, 2023 P.C. :- 1.

In both 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

( 2 ) 935 wp 13962.23 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 monetary benefits. 3.

In view of the above, both 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.] mub