Kiran S/O Shivhar Dongardive And ... vs Smt. Bhagyshree Vispute, The ...
2021 Latest Caselaw 17403 Bom

17.CP46.2021.odt                                                     1



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                          NAGPUR BENCH : NAGPUR.

                           CONTEMPT PETITION NO. 46/2021 IN
                            WRIT PETITION NO.1127/2019(d)

                      Kiran Shivhar Dongardive and ors.
                                     Vs..
Smt.Bhagyashree Vispute (Recent CEO), The Chief Executive Officer, Zilla Parishad,
                            Buldhana and another.
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Office Notes, Office Memoranda of                                                 Court's or Judge's Order
Coram, appearances, Court's Orders
 or directions and Registrar's order
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         Shri S.K.Mathapati, Advocate for petitioners.
         Shri B.N.Jaipurkar, Advocate for respondent no.1.


           CORAM :-              A.S.CHANDURKAR AND G.A.SANAP, JJ.

DATED :- DECEMBER 14, 2021.

In Writ Petition No.1127/2019 this Court on 25.03.2019 directed the Chief Executive Officer, Zilla Parishad, Buldhana to take decision as to the entitlement of the petitioners to the benefit of Government Resolution dated 04.09.2018. In the order dated 25.03.2019 reference was made to Writ Petition No.1954/2018 decided at Aurangabad Bench on 25.01.2019. As per that judgment the District Awardee Teachers who had received certificate prior to 04.09.2018 were entitled for additional increment as per Government Resolution dated 12.12.2000.

Today, the learned counsel for the respondent no.1 has placed on record communication dated 09.12.2021 in which it is stated that after implementation of the recommendations of the Sixth Pay Commission from 01.01.2006 no employee is held entitled for additional increment for discharging excellent work.

In the light of the directions issued in Writ Petition No.1127/2019 after referring to the order passed in Writ Petition No.1954/2018 at Aurangabad Bench, it is not clear as to whether the respondent no.1 has examined the cases of the petitioners as District Awardee Teachers who were granted certificate prior to 04.09.2018. The respondent no.1 shall file an affidavit indicating consideration of this aspect while taking the necessary decision.

Stand over three weeks.

                                             (G.A.SANAP, J.)                   (A.S.CHANDURKAR, J.)




                              Andurkar..




Digitally Signed byJAYANT S
ANDURKAR
Personal Assistant
Signing Date:
14.12.2021 17:52