Shamsunder Babasaheb Ghadge And ORS v. The State Of Maharashtra Thr Its Deputy Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1733 OF 2024 Balu S/o Rama Patil & Ors.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
WITH INTERIM APPLICATION NO. 14086 OF 2024 IN WRIT PETITION NO. 1733 OF 2024 Shamsunder Babasaheb Ghadge & Ors.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Shivkumar Mathpati, Advocate for the Petitioners. Mr. O.A. Chandurkar, Addl. G.P. a/w Ms. P.J. Gavhane, APP for Respondent Nos.1 to 14.
by SUNNY ANKUSHRAO THOTE Date:
2024.12.10 15:42:29 +0530 SUNNY ANKUSHRAO THOTE CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 9th DECEMBER, 2024 P.C. :- 1.
The Petitioners who are working in various Zilla Parishads amenable to the jurisdiction of the Nagpur Bench, Aurangabad Bench and the Principal Seat, have been bundled up together in one Petition.
2.
This Court [Coram: Shri. Nitin Jamadar (as His Lordship then was) and Hon'ble Shri. M.M. Sathaye, JJ.] had passed the following order on 4th April, 2024 :
"1. Fifty seven individual employees working with several different Zilla Parishads have brought this grievance in one Petition. No individual details are given in the Petition. 2.
We decline to entertain such omnibus Petition against different employers. There is no reason for not filing separate Petition at least against one Zilla Parishad. It is open to the Petitioner to move an application for amendment to restrict the Petition against one employer - Zilla Parishad.
3.
Stand over to 18th June 2024."
3.
No steps have been taken.
4.
We would consider the cases of only those Petitioners who are amenable to the jurisdiction of this Court viz. Petitioner Nos.1 to 17. Insofar as, Petitioner Nos.18 to 47 and 48 to 57, they are amenable to the jurisdiction of the Nagpur Bench and the Aurangabad Bench, respectively. These names are, therefore, deleted from this Petition with liberty to file appropriate Petitions before the appropriate Benches.
5.
Insofar as, Petitioner Nos.1 to 17 are concerned, all of them claim to have received the Excellent Teachers award.
6.
An order dated 13th December, 2023, passed at the Principal Seat in Writ Petition No.6134 of 2021, is cited. We are unable to accept the contention of the Petitioners that we should adopt the same course as was done in the said case, by taking up the matters even of the jurisdiction of the Aurangabad Bench and the Nagpur Bench. We are of the view that the jurisdiction demarcated for the Benches and the Principal Seat, need to be taken into account.
7.
Hence, this Petition is being considered only for Petitioner Nos.1 to 17, who are amenable to the jurisdiction of the Principal Seat.
8.
The issue as regards whether the Petitioners have received the State or the National Excellent Teachers Award prior to Government Resolution dated 4th September, 2014, will have to be scrutinized by the respective Employers of these Petitioners. The Award has to be presented on 5th September of each year and the verification should identify candidates in whose case a final decision of the Division Level Committee is announced selecting the candidates for such Award and which should occur before the
Government Resolution dated 4th September, 2014. 9.
In view of the above and considering the earlier directions of this Court, this Writ Petition is disposed off. 10.
Every Employer of these 17 Petitioners would carry out a verification exercise and only after confirming that these Petitioners are eligible for the additional increments, appropriate orders be passed and the payments/arrears be quantified and paid. Let this entire exercise be completed within a period of six months from the date of receipt of this order.
11.
A copy of this order shall be served by the Petitioners on their respective Employers by Speed Post/R.P.A.D., expeditiously. 12.
The Interim Application would not survive and stands disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)