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Bombay High CourtWP/14245/2018disposed offdismissed for default

Bhagwan Kisanrao Bhalke And ORS v. The State Of Maharashtra And Others

2019-02-07Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14245 OF 2018 Bhagwan Kisanrao Bhalke and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Estling S. Murge, Advocate for Petitioners. Ms. Vaishali N. Jadhav Patil, A.G.P. for the Respondent No. 1. Shri Vaibhav Deshmukh, Advocate for Respondent Nos. 2 and 3. CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 07TH FEBRUARY, 2019.

FINAL ORDER :

.

The petitioners claim to be District Awardee Teachers. They seek benefit of additional increments on account of being District Awardee Teachers.

2.

The Government Resolution dated 04.09.2018 has done away scheme of additional increment to be given to the District Awardee Teachers. In the present writ petition petitioner Nos. 2, 3, 6, 8, 10, 12, 13, 14 and 18 have been granted certificates of District Awardee Teachers prior to 04.09.2018 and petitioner Nos. 1, 4, 5, 7, 9, 11, 15, 16, 17 and 19 are granted District

2 wp 14245.18 Awardee certificates after 04.09.2018.

3.

Those petitioners who are granted certificate of District Awardee Teachers after 04.09.2018 would not be entitled for benefit of additional increment. However, it has been held by us under order dated 25.01.2019 in Writ Petition No. 1954 of 2018 with other connected writ petitions that, G. R. dated 04.09.2018 cannot be given retrospective effect and those who have been granted District Awardee Teachers' certificate prior to 04.09.2018 would be entitled for benefit of additional increment as per G. R. dated 12.12.2000. 4.

In view of the above, we pass following order. 5.

The respondent/Zilla Parishad after confirming themselves of the petitioners being District Awardee Teachers and awar4ded certificates prior to 04.09.2018 shall individually consider the cases of petitioners for additional increment as is laid down under the Government Resolution dated 12.12.2000. The same shall be considered on its own merits, expeditiously and preferably within a period of six (06) months from today. However, those petitioners awarded the District Awardee Teacher certificate after 04.09.2018 shall not be entitled to the benefit of additional increment. 6.

The writ petition is disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 19