Bombay High Court
Shri Bhojraj S/O Janbaji Madke And ... vs State Of Maharashtra, Thr. ... on 11 August, 2021
Bench: S.B. Shukre, Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 939 OF 2020
1) Shri Bhojraj S/o Janbaji Madke,
Aged : 70 years, Occu. - Retired,
R/o Ward no.5, Plot no.12,
Shikshak Colony, Brahmani,
Tah. Kalmeshwar, Dist. Nagpur.
2) Shri Shankar Shyamrao Khope,
Aged : 80 years, Occu. - Retired,
R/o Ward no.5, Plot no.12,
Shikshak Colony, Brahmani,
Tah. Kalmeshwar, Dist. Nagpur.
3) Shri Namdeo Ramji Marbate,
Aged : 75 years, Occu. - Retired,
R/o Ward no.3, Nanda Gomukh,
Tah. Saoner, Dist. Nagpur.
4) Shri Narayan Dinbaji Bhoyar,
Aged : 73 years, Occu. - Retired,
R/o Nanda Gomukh,
Tah. Saoner, Dist. Nagpur.
5) Shri Dashrath S/o Jagan Lande,
Aged : 77 years, Occu. - Retd. Teacher,
R/o Nanda, Tah. Saoner, Dist. Nagpur.
6) Shri Dilawar Rahemtullah Sheikh,
Aged : 60 years, Occu. - Retired,
R/o Ramdeobaba Layout, Katol,
Dist. Nagpur.
7) Shri Sukhdeo S/o Shankar Deshbhratar,
Aged : 55 years, Occu. - Teacher,
R/o Plot no.14, Ward no.10,
Mahajanwadi, Wanadongri,
Tah. Hingna, Dist. Nagpur.
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8) Sau. Lalita Dhondbaji Barmase,
Aged : 52 years, Occu. - Teacher,
R/o Ward no.7, Near Bhawani Mandir,
Narkhed, Dist. Nagpur.
9) Shri Purushottam S/o Govindrao Patil,
Aged : 63 years, Occu. - Retired,
R/o Ward no.14, Langote Layout,
Narkhed, Dist. Nagpur.
10) Shri Murlidhar Marotrao Satpute,
Aged : 52 years, Occu. - Retd. Teacher,
R/o Lakhe Layout, Tal. Katol,
Dist. Nagpur.
11) Shri Bhaurao Narayanrao Dhote,
Aged : 78 years, Occu. - Retired,
R/o Shikshak Colony, Brahmani,
Tah. Kalmeshwar, Dist. Nagpur.
12) Shri Nandatai Dnyaneshwar Patmase,
Aged : 53 years, Occu. - Teacher,
R/o Plot No.7, Nabira Layout,
Panchwati, Tah. Katol, Dist. Nagpur.
13) Sau. Vaishali S/o Sureshrao Borkar,
Aged : 49 years, Occu. - Teacher,
R/o Plot No.21, Tah. Katol,
Dist. Nagpur.
.... PETITIONERS
// VERSUS //
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.
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3) Divisional Commissioner,
Nagpur Division,
Tq. Nagpur, Dist. Nagpur.
4) Zilla Parishad, Nagpur
through its Chief Executive Officer,
Nagpur, Tq. and Dist. Nagpur.
5) Education Officer (Primary),
Zilla Parishad, Nagpur,
Tq. Nagpur, Dist. Nagpur.
.... RESPONDENTS
WITH
WRIT PETITION NO. 960 OF 2020
1) Shri Nandkishor Pundlikrao Wanjari,
Aged : 51 years, Occu. : Teacher,
R/o 6, Ladikar Layout,
Manewada Road, Nagpur-24.
2) Shri Nandkishor Bhaurao Nimbulkar,
Aged : 55 years, Occu. : Teacher,
R/o 43, Bandhu nagar,
Zingabai Takli, Nagpur-30.
3) Shri Shankarrao Ramkrishna Dolas,
Aged : 57 years, Occu. : Teacher,
R/o 6, Naik Layout, Railway Station Road,
Saoner, Dist. Nagpur.
4) Shri Pandurang Marotaro Kubde,
Aged : 62 years, Occu. : Retd. Teacher,
R/o Ward No.8, Vinchurkar layout,
Saoner, District Nagpur.
5) Shri Tejram Motiram Chincholkar,
Aged : 59 years, Occu. : Retd. Teacher,
R/o Ward No.8, Bodse layout,
Saoner, District Nagpur.
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6) Shri Ramrao Kishanji Jogi,
Aged : 67 years, Occu. : Retd.,
R/o Ward No.8, kakde layout Saoner,
District Nagpur.
7) Shri Nitinji Balaji Bangde,
Aged : 55 years, Occu. : Teacher,
R/o Plot no.14, Ward No.10,
Mahajanwadi, Wanadongri,
Tal. Hingna, District Nagpur.
8) Shri Parshuram Raghunath Pillewan,
Aged : 52 years, Occu. : Teacher,
R/o Plot no.122, Ambedkar layout,
Umred, District Nagpur.
9) Shri Manohar Natthuji Rangari,
Aged : 52 years, Occu. : Teacher,
R/o Ganganagar, katol road,
Nagpur-13.
10) Shri Shravan Vithobaji Khode,
Aged : 64 years, Occu. : Retd. Teacher,
R/o Khairipannase, Waddhamna,
Tal. Hingna, District Nagpur.
11) Shri Chandrakant Santoshrao Ashtankar,
Aged : 50 years, Occu. : Teacher,
R/o Gumgaon, Tal Hingna,
District Nagpur.
12) Shri Gulabrao Baburao Somnathe,
Aged : 67 years, Occu. : Retd. Teacher,
R/o 94A, Ishwarnagar, Behind jattewar
Sabhagruh, Nagpur-24.
13) Shri Digambar Laxman Mahesmare,
Aged : 60 years, Occu. : Retd.Teacher,
R/o Rewatkar Layout, Umred,
District Nagpur.
14) Ku. Rama Dhondbaji Lade,
(Smt. Rama Siddharath Mishra)
Aged : 64 years, Occu. : Retd. Teacher,
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R/o 46, Sant Dnyaneshwar Society,
Dattawadi, Nagpur-23.
15) Pramila Ashokrao Sable,
Aged : 55 years, Occu. : Teacher,
R/o 5/19 Raje Raghuji nagar,
near Royal Computer, Nagpur.
16) Smt. Usha Dadarao Lute,
Aged : 50 years, Occu. : Teacher,
R/o Hedgewar nagar, Dhapewada,
Tal Kalmeshwar, Nagpur.
17) Smt. Shobha Gunwant Nagmote,
Aged : 60 years, Occu. : Retd. Teacher,
R/o 98, Bapu nagar, Umred Road,
Nagpur.
18) Shri Sharad Natthuji Balpande,
Aged : 63 years, Occu. : Retd. Teacher,
R/o 33, Adiwasi nagar, Navneet layout,
Wadi, Nagpur-23.
19) Vinayak Shyamrao Bhele,
Aged : 55 years, Occu. : Teacher,
R/o Ward No.4, Bazar Chowk, Kelzar
Tal Seloo, District Wardha.
.... PETITIONERS
// VERSUS //
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,
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Nagpur Division Nagpur,
Tq and Dist. Nagpur.
4) Zilla Parishad, Nagpur
through its Chief Executive Officer,
Nagpur, Tq and Dist. Nagpur.
5) Education Officer (Primary),
Zilla Parishad, Nagpur,
Tq and Dist. Nagpur.
.... RESPONDENTS
=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Shri N.S.Kubhalkar, Advocate for the petitioners in both petitions.
Shri. N.R.Patil, Asst. Government Pleader for the respondent nos. 1 to 3
in both petitions.
Shri B.M.Lonare, Advocate for the respondent nos.4 & 5 in Writ Petition
No. 939 of 2020
Shri K.S.Malokar, Advocate for the respondent nos. 4 and 5 in Writ Peti-
tion No. 960 of 2020.
=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
CORAM : SUNIL B. SHUKRE AND
ANIL S.KILOR, JJ.
DATED : 11th August, 2021.
COMMON JUDGMENT : (Per : Sunil B. Shukre, J.)
Rule. Rule made returnable forthwith. Heard the
learned Counsel for the parties finally by consent.
2. The petitioners are the District Awardee teachers
and are desirous of availing all the benefits of the
Government Resolution dated 12th December, 2000 in
accordance with law. They rely upon the judgment of this
Court rendered in the case of Sanjay Ramkrushna Waghmare
and others Vrs. State of Maharashtra and others in Writ
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Petition No. 5419 of 2018 decided on 14th February, 2019.
Learned Assistant Government Pleader for the respondent
nos. 1 to 3 and learned counsel for the respondent nos. 4 and
5 agree that the issue involved in this petition is covered by
the said judgment. However, learned counsel for the
respondent nos. 4 and 5 has placed before us Government
Resolution dated 26th July, 2021, whereby a study group has
been constituted in order to ascertain and find out similar
cases of District Awardee Teachers so as to avoid future
litigation in the matter in view of the directions issued by the
Division Bench at Principal Seat in bunch of Writ Petitions,
starting with Writ Petition Nos. 4511 of 2019 on 1 st April,
2021.
3. The directions issued in the aforesaid stated
matter are only to avoid unnecessary litigation and not to take
away the right conferred upon the District Awardee Teachers
in view of the judgment of this Court in Writ Petition No.
5419 of 2018. Therefore, we have no hesitation to allow the
petition and the petition is allowed accordingly in the
following terms.
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4. The respondents after satisfying themselves about
the petitioner being District Awardee Teachers having been
awarded the certificates prior to 4th September, 2018 shall
individually consider the case of the petitioners for additional
increment as laid down under the Government Resolution
dated 12th December, 2000, subject to the law of limitation,
and the whole exercise shall be completed as expeditiously as
possible and preferably within a period of three months from
the date of the order.
5. Rule is made absolute in the aforesaid terms. No
order as to costs.
JUDGE JUDGE
sknair
