Satish Madhaorao Kale And Others vs State Of Maharashtra, Thr. ...
2016 Latest Caselaw 6201 Bom

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

WRIT PETITION NO.5001 OF 2016

1) Satish Madhaorao Kale,

aged about 50 years, Occu: Service, R/o. Near Hotel Galaxy, Waghapur Road, Yavatmal, Dist.Yavatmal.

2) Sarfaraj Khan Sadat Khan, Aged about 58 years, Occu: Retired,

R/o. Mahadeo Nagar, Pandharkawada, Tq. Kelapur, Distt. Yavatmal.

3) Sau. Baby Shahabaj Nasimoddin Sheikh, Aged about 59 years, Occu:Retired, R/o. Om Nagar Chikhalgaon, Tq. Wani, Dist. Yavatmal.

4) Sau. Shalini Vijayrao Bendre, Aged about 53 years, Occu: Service,

R/o Near Asegaonkar School, Pusad, Tq. Pusad, Distt. Yavatmal.

5) Sau. Maya Kiranrao Ade,

Aged about 49 years, Occu: Service, r/o. Po: Hivra, Tq. Mahagaon, Distt.Yavatmal.

6) Madhukar Kashinath Narde,

Aged about 51 years, Occu: Service, R/o. Shantivan layout, Near Reliance Petrol Pump, Warora, Distt. Chandrapur.

7) Ku. Shalini Rupraoji Shirsath, Aged about 47 years, Occu: Service, R/o. Pushpakunj Society, House No. 13-B Tq. & Distt. Yavatmal.

    8)            Gurvindarsingh Flora,



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Aged about 59 years, Occu: Retired, R/o. Gurunanak Nagar, Gurunanak

Apartment, Flat No.10-13, Godhani Road, Yavatmal.

9) Sanjay Narayanrao Phalke, Aged about 54 years, Occu: Service, R/o. Jirapure layout, Singhaniya Nagar, Yavatmal.

10) Aruna Tukaram Meshram, Aged about 48 years, Occu: Service, R/o. Vyankatesh Nagar, Plot No.44,

Near Arunodaya Society, Yavatmal.

11) Bhagwan Daubaji Patil,

Aged about 57 years, Occu: Service, R/o. Vyankateshwara Nagar, Near Arunodaya Society, Yavatmal.

12) Kailas Rajaram Raut, Aged about 53 years, Occu: Service, R/o. Vaidyanagar, Near Dr. Belsare

Hospital, Yavatmal.

13) Sau. Shobha Gajanan Landge, Aged about 58 years, Occu: Retired, R/o. At & Po. Shirpur Jain, Ward No.3, Shishak Colony, Shirpur, Tq. Malegaon,

Distt. Washim.

14) Govardhan Ramchandra Mundhada, Aged about 52 years, Occu: Service, R/o. Madhavnagar, Lakhala Risod

Road, Washim, Tq. & Distt. Washim.

15) Avinash Indrajit Mudholkar, Aged about 60 years, Occu: Retired, R/o. Chaware line, Karanja (Lad), Distt.Washim.

    16)           Sunil Tulshiramji Upaddhye,



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Aged about 47 years, Occu: Service, R/o. Yogeshwar Bhavan, In-front of

Hanuman Mandir, Datta Colony, Karanja (Lad), Distt. Washim.

17) Ashok Tulshiramji Upaddhye, Aged about 58 years, Occu: Retired, R/o. At & Po: Kajleshwar, Tq. Karanja (Lad), Distt. Washim.

18) Nandlal Khanduji Pawar, Aged about 56 years, Occu: Service, R/o. Post Office Road, At Po: Tq.

Mangrulpir, Distt. Washim.

19) Ramesh Krushnaji Warghat,

Aged about 56 years, Occu: Service, R/o. Zilla Parishad Madhyamik Vidyalaya, Kamargaon, Tq. Karanja,

Distt. Washim.

20) Tulshiram Laxman Pendor, Aged about 49 years, Occu: Service,

R/o. At Po: Tq. Maregaon, Ward No.69, Pate Convent, Maregaon, Distt.

Yavatmal.

21) Babanrao Laxmanrao Deshmukh, Aged about 59 years, Occu: Retired,

R/o. At Karad, Po: Motegaon, Tq. Risod, Distt. Washim.

22) Yashwant Narayan Deshmukh, Aged about 50 years, Occu: Service,

R/o. Vivekanand Nagar (B), Shrirampur, Tq. Pusad, Distt. Yavatmal.

23) Ashok Dattatray Bhoyar, Aged about 56 years, Occu: Service, R/o. Near K.E.S. School, Shivaji Ward, Pandharkawada, Tq. Kelapur, Distt. Yavatmal.

24) Deepak Gulabrao Dondal, Aged about 62 years, Occu: Retired, R/o. Mangaldip, 188 Balaji Park,

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Pimpalgaon Road, Yavatmal.

25) Sau. Surekha Ashokrao Tone, Aged about 57 years, Occu: Service, R/o.Behind Sandip Talkies, Yavatmal,

Dist. Yavatmal.

26) Sau. Sandhya Rajiv Bobade, Aged about 53 years, Occu: Service,

R/o. Nandanwan Society, Behind Sandip Mangalam Karyalay, Yavatmal, Tq. & Dist. Yavatmal.

27) Namdeo Shrawan Jenekar, Aged about 64 years, Occu: Retired, R/o.Guruddo Grihanirman Society,

Near Vitthalwadi, Wani, Distt. Yavatmal.

28) Devidas Ramlu Chandawar,

Aged about 52 years, Occu: Retired, R/o. At Po. Patanbori, Tq. Pandharkawada, Distt. Yavatmal.

29) Narendra Shamraoji Pawar, Aged about 61 years, Occu: Retired,

R/o.Plot No.34, Navprabhat Society, Darda Nagar, Yavatmal.

30) Sau. Pushpatai Onkar Mahalle,

Aged about 45 years, Occu: Service, R/o. Zilla Parishad Kendraya School, Wadgaon Road, Yavatmal.

31) Ashok Anandrao Pole,

Aged about 46 years, Occu: Service, R/o. Tirupati Works, Shrirampur, 22/2, Po: Sootgirni, Tq. Pusad, Distt. Yavatmal.

32) Wasudeo Laxmanrao Motikar, Aged about 60 years, Occu: Retired, R/o. Sainath Society, Wadgaon Road, Yavatmal.

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    33)           Kisan Wamanrao Wagh,




                                                                            

Aged about 60 years, Occu: Retired, R/o.Lagani layout, Samartha Nagar, Buldana, Distt. Buldana.

34) Pruthviraj Rajvaibhav Tayade, Aged about 59 years, Occu: Retired, R/o. Ekta Nagar, Buldana.

35) Damodhar Bhaurao Umbarhande, Aged about 58 years, Occu: Retired, R/o. Kande Plots, Ward N.16,

Chaitanyawadi, Buldana.

36) Abdul Hamid Sheikh Mohammad,

Aged about 65 years, Occu: Retired, R/o.Bhoi Galli, Near Sant Girni, At Po: Tq. Deulgaonraja, Distt. Buldana.

37) Digambar Manikrao Kandaje, Aged about 59 years, Occu: Retired, R/o. Jijau Nagar, Ward No.5, Chikhali,

Tq. Chikhali, Distt. Buldana.

38) Sunita Ram Ithape, Aged about 59 years, Occu: Retired, R/o. Kanishta Mahavidyalaya, Amravati.

39) Kiran Sahebrao Barse, Aged about 52 years, Occu: Service, R/o. K.P. Gurudeo Nagar, Behind MSEB office, Panchayat Samiti Digras,

Distt. Yavatmal.

40) Pundlik Janardhan Ubale, Aged about 48 years, Occu: Service, R/o. Bajiraonagar, At Po: Digras, Tq. Digras, Distt. Yavatmal.

41) Suresh Bhauraoji Nimkar, Aged about 50, Occ. Service, R/o Ambika Nagar, Darwha, Dist. Yavatmal.

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    42)           Mohd. Nasir Mohd. Sharif,

Aged about 58 years, Occ. Service,

R/o. Railway Station Chowk, Darwha, Dist. Yavatmal.

43) Vijaya Shyam Khandare (Sirsat), aged about 60 years, 0cc. Retired, R/o/ Vidarbha Housing Society, Godhani Road, Yavatmal.

44) Shakuntala Kisanrao Mahure, Aged about 46 years, Occ. Service, R/o Near Dnyanpith Convent,

Anjangaon Surji, Dist. Amravati.

45) Ravindra Sakharam Bhaskar,

Aged about 54 years, Occ. Service, R/o. Uttara Colony, Chhoti Umari, Akola, Tq. & Dist. Akola.

46) Ayajuddin Yakinuddin Khan, Aged about 55 years, in front of Chemist Bhavan Sai Mandir Road,

Gondia, Dist.Gondia.

47) Daleshwar Ganeshji Bisen, Aged about 58 years, R/o At post Gondia Khurd, Near Vitthal Mandir, Chhota Gondia Tah. and Dist.Gondia.

48) Nurjahan Habibbhai Pathan, Aged about 47 years, Hanuman Galli, New Laxminagar, Gondia, Tq and Dist.Gondia.

49) Yashvant Pandurangji Kawale, Aged about 56 years, Ramnagar, Gondia, Tq and Dist.Gondia.

50) Sopan Tukaram Chikte, Aged about 60 years, J.B.Nagar, Datala Road, Chandrapur, Tq. and Dist. Chandrapur.

    51)           Chhaya Binod Shrivastava,



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Aged about Nil years, Subhrambha Society Dattawadi, Amaravati Road, Nagpur,

Tq and Dist.Nagpur.

52) Baburao Baliram Pardhi,

Aged about 50 years, Pragati Colony, Canal Road, Tq.SakoIi, Dist. Bhandara. ...... PETITIONERS

// VERSUS//

1) State of Maharashtra, Through its Secretary, School

Education & Sports Department, Mantralaya, Mumbai-- 32.

2) Director of Education (Secondary & Higher Secondary), Pune, Dist. Pune.

3). Director of Education (Primary), Pune, Dist. Pune.

4). Deputy Director of Education, Amravati Division, Dist.Amravati.

5). Deputy Director of Education, Nagpur Division, Dist. Nagpur

____________________________________________________________________ Mr.A.R.Deshpande, Advocate for the Petitioners.

Ms Ritu Kalia, A.G.P. for Respondent Nos. 1 to 5. ____________________________________________________________________

CORAM : B.R. GAVAI AND V.M.DESHPANDE, JJ.

                                   DATE    : 20.10.2016.





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ORAL JUDGMENT (Per B.R. Gavai, J. )

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

2. The facts in the present case are identical with the facts

in Writ Petition No.6116 of 2014 along with Companion matters

decided by this Court on 16.12.2014.

3. The

Division Bench of this Court (comprising of

Smt.Vasanti A. Naik and C.V.Bhadang, JJ), on the basis of statement

made by the learned Additional Government Pleader, on the basis

of communication issued by Shri V.M. Bivalkar, Desk Officer,

Government of Maharashtra, dt.15.12.2014, has held that the

Government Resolution dt.4.9.2014 is prospective in nature and the

same would not affect the petitioners and the State/ National

Awardee Teachers who have been granted benefit of two

advance/additional increments before issuance of Government

Resolution dt.4.9.2014.

4. The Court, on the basis of statement made by learned

Government Pleader, on the instructions of Desk Officer, had

disposed of the petitions by directing the State Government to pay

the monetary benefits flowing from the earlier resolutions to the

petitioners within a period of six weeks from the said date.

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5. Ms Ritu Kalia, learned Additional Government Pleader

states that now the Government is proposing to withdraw all the

Government Resolutions issued prior to 4th September, 2014 vide

which the Government had decided to award two

advance/additional increments to the State/National Awardee

teachers.

6. The State Government being a model litigant cannot be

permitted to indulge approbate and reprobate. Having taken a

stand in various petitions that the Government Resolution

dt.4.9.2014 is prospective in nature and the same would not affect

the petitioners and the State/National Awardee teachers, who have

been granted benefit of two advance/additional increments before

issuance of Government Resolution dt.4.9.2014, it now cannot take

a stand contrary to the earlier stand. In any case, the rights of the

petitioners would be governed by the Government Resolutions

which were in force at the time when the right was conferred upon

them under various Government Resolutions awarding them two

advance/ additional increments.

7. In that view of the matter, we are of the considered view

that the petitioners would also be entitled to the same relief as has

been granted to the petitioners in Writ Petition No.6116 of 2014

along with Companion Petitions vide Judgment and Order of this

Court dt.16.12.2014.

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8. Rule is, therefore, made absolute in terms of prayer

clause (A) of the Writ Petition. The monetary benefits be paid to the

petitioners within a period of six weeks from today.

No order as to costs.

                                               
                                           
                    (V.M.DESHPANDE, J. )
                              ig                              (B.R. GAVAI, J)
                            
    Jaiswal, P.S.