Vinayak Anandrao Motharkar And Others v. State Of Maharashtra Thr. Secretary, Rural Development And Water Conservation Dept. Mumbai And Othe

1/5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF PETITIONERS:

1.

Vinayak Anandrao Motharkar, aged 54 years, Occ. Service, R/o Ramnagar, Khat Road, Bhandara.

Hemraj Vithoba Nagphase, aged 54 years, Occ. Service, R/o Vinoba Nagar, Tumsar, Dist. Bhandara.

Bhaskar Ramchandra Sathawane, aged 68 years, Occ. Retired, R/o House No.907, Ambedkar Ward, Ganeshpur, Bhandara, Dist. Bhandara.

Sharad Jiwlang Badwaik, aged 52 years, Occ. Service, R/o Ganganagar, Bhojapur, Khat Road, Bhandara, Dist. Bhandara.

Dayalnath Atmaram Malve, aged 58 years, Occ. Retired, R/o Gandhi Ward, Warthi, Bhandara, Dist. Bhandara.

Hiralal Pandhari Lanjewar, aged 57 years, Occ. Service, R/o Pragati Colony, Bhandara, Dist. Bhandara.

Sau. Seema Khushram Gadhave, aged 47 years, Occ. Service, R/o Jawahar Nagar, Bhandara, Dist. Bhandara.

Gulab Sadashiv Avhad, aged 53 years, Occ. Service, R/o Durga Nagar, Tumsar, Dist. Bhandara.

2/5 Mahadeo Ramaji Satone, aged 56 years, Occ. Service, R/o Gujrathi Colony, Plot No.11, Bhandara, Dist. Bhandara.

Diwakar Tulshiram Pangul, aged 53 years, Occ. Service, R/o Wahi Colony, Pauni, Dist. Bhandara.

Kishor Sitaram Ishwarkar, aged 51 years, Occ. Service, R/o Rohna Po. Bela, Tq.

Mohadi, Dist. Bhandara.

Suresh Sakharam Mehar, aged 45 years, Occ. Service, R/o Indira Ward, Mohadi, Dist. Bhandara.

Sou. Chhaya Shivshankar Deshkar, aged 61 years, Occ. Retired, R/o Suyog Nagar, Rajiv Gandhi Ward, Bhandara, Dist.

Bhandara.

Shri Shilkumar Raghunath Vaidya, aged 49 years, Occ. Service, R/o 381, Pindakepar, Sakoli, Dist. Bhandara.

Shri Nepalsingh Asaram Turkar, aged 51 years, Occ. Service, R/o Bank Colony, Sahkar Nagar, Bhandara, Dist. Bhandara.

Shri Damdeo Pandurang Kahalkar, aged 52 years, Occ. Service, R/o Hanuman Nagar, Bhandara, Dist. Bhandara.

Shri Shalikram Dharamdas Nandardhane, aged 53 years, Occ.

Service, R/o Sindpuri, Sihora, Tumsar, Dist. Bhandara.

3/5 Smt. Shobha Shrikant Kahu, aged 62 years, Occ. Retired, R/o Gautam Ward, Pauni, Dist. Bhandara.

Shri Dhanraj Chilbansao Bijewar, aged 55 years, Occ. Service, R/o At Post Ghoti, Tq. Goregaon, Dist. Gondia.

...VERSUS...

RESPONDENTS :- 1] State of Maharashtra, through its Secretary, Rural Development and Water Conservation Department, Mantralaya, Mumbai-32.

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

3] Divisional Commissioner, Nagpur Division, Nagpur, Tq. and Dist. Nagpur.

4] Zilla Parishad, Bhandara through its Chief Executive Officer, Bhandara, Tq.

and Dist. Bhandara.

5] Education Officer (Primary), Zilla Parishad, Bhandara, Tq. and Dist.

Bhandara.

-------------------------------------------------------------------------------------------- Mr.A.R.Deshpande, counsel for petitioners.

Mrs. Ketki Joshi, GP for respondent Nos.1 to 3. None for respondent Nos.4 and 5.

--------------------------------------------------------------------------------------------- CORAM : SUNIL B.SHUKRE & ANIL L. PANSARE, JJ.

DATE : 02.12 .20 .

4/5 O R A L J U D G M E N T (Per: Sunil B.Shukre, J.) Heard.

2.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. Though respondent Nos.4 and 5 are served, none appears on their behalf.

3.

It is not in dispute that the issue involved in this petition pertains to the petitioners being District Awardee Teachers have received the award of excellence for their work in their respective districts and so are entitled to benefits flowing from such conferment of the award on them, going by the view taken by this Court in the case of Sanjay Ramkrushan Waghmare and others v. State of Maharashtra and others, decided by common judgment rendered on 14th February, 2019 in Writ Petition No.5419 of 2018 and others. We therefore, allow the petition and issue the following directions.

5/5 4.

The respondent-Zilla Parishad after satisfying themselves about the petitioners being District Awardee Teachers having been awarded certificates prior to 4th September, 2018 shall individually consider the case of the petitioners for additional increment as is laid down under the Government Resolution dated 12th December, 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.

5.

Rule is made absolute in the above terms. No costs. (ANIL L. PANSARE, J) (SUNIL B. SHUKRE, J) Signed By:GHANSHYAM S