Ashok Ganpatrao Sawarkar And Others v. State Of Maha. Thr. Secretary, Rural Development And Water Consefvation Dept. Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO.813 OF 2021

1. Ashok Ganpatrao Sawarkar, Aged about 62 years, occupation retired, R/o Shindhe Plot Vijasan Road, at Bhandravati, Taluka Bhadrawati, district Chandrapur.

2. Kumud Kolbaji Pund alias Kumud Madhukar Gonde, aged about 58 years, Occupation retired, r/o plot No.61, Padole Layout, Tukum, district Chandrapur.

3. Ramesh Ganpatrao Gundawar, Aged about 60 years, occupation retired, r/o Gandhi Chauk, at Bhadravati, district Chandrapur. ..... Petitioners. :: V E R S U S ::

1. State of Maharashtra, thr.its Secretary Rural Development and Water Conservation Department, Mantralaya, Mumbai-32.

2. State of Maharashtra, thr.its Secretary School Education and Sports Department, Mantralaya, Mumbai-32.

3. Divisional Commissioner, Nagpur, Division Nagpur, taluka and district Nagpur.

4. Zilla Parishad, Chandrapur, thr.its Chief Executive Officer, Chandrapur, taluka and district Chandrapur.

5. Education Officer (Primary), Zilla Parishad, Chandrapur, taluka and district Chandrapur. ..... Respondents. ========================================= Shri A.R.Deshpande, Counsel for the Petitioners. Mrs.K.R.Deshpande, Assistant Government Pleader for the Respondent Nos.1 to 3.

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CORAM

: A.S.CHANDURKAR & URMILA JOSHI-PHALKE , JJ .

DATE : 7/7/2022 ORAL JUDGMENT (Per : A.S.Chandurkar, J.) 1.

Heard the learned counsel Shri A.R.Deshpande for the petitioners and the learned Assistant Government Pleader Mrs.K.R.Deshpande for the respondent Nos.1 to 3. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

2.

The petitioners claim benefit of additional increment in terms of Government Resolution dated 12.12.2000. It is their case that they have received the District Award prior to cut-off date. 3.

This issue has been considered in Writ Petition No.5419 of 2018 (Sanjay Ramkrushna Waghmare and ors vs. State of Mah., thr.its Secretary, Rural Development and Water Conservation Department, Mantralaya, Mumbai-32 and ors) along with connected writ petitions decided on 14.2.2019. We find that the petitioners are similarly situated and are entitled for consideration of their claim in terms of Government Resolutions dated 12.12.2000 and 4.9.2018. Hence, for the reasons recorded in the said judgment, the following order is passed:

4.

The respondent/Zilla Parishad after satisfying themselves about the petitioners being District Awardee Teachers .....3/-

having been awarded certificates prior to 4.9.2018 shall individually consider the case of the petitioners for additional increment as is laid down under the Government Resolution dated 12.12.2000. The same shall be considered on merits of each individual case by considering the judgments rendered in all the applicable cases as expeditiously as possible and preferably within a period of six months from receipt of copy of the judgment.

5.

Rule is made absolute in the aforesaid terms with no order as to costs.

(URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) by BHUSHAN RANA WANKHEDE Date:

2022.07.12 18:11:55 +0530 !! BrWankhede !!

BHUSHAN RANA WANKHEDE ...../-