Bombay High Court
Jawed Ahmad Khan Iqbal Ahmad Khan ... vs State Of Maharashtra Thr. ... on 7 January, 2022
Bench: A.S. Chandurkar, Pushpa V. Ganediwala
40.WP3171.21.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.3171/2021
Jawed Ahmad Khan Iqbal Ahmad Khan and 3 others.
vs.
State of Maharashtra through its Secretary, Rural Development and Water
Conservation Department, Mantralaya, Mumbai 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 A.R.Deshpande, Advocate for petitioners.
Shri A.A.Madiwale, Assistant Government Pleader for respondent nos. 1 to 3.
Shri S.M.Bhangde, Advocate for respondent nos. 4 and 6.
Shri B. N. Jaipurkar, Advocate for respondent nos. 5 and 7.
Respondent no.8 served.
CORAM :- A.S.CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ
DATED :- JANUARY 07, 2022.
P. C.
Rule. Rule made returnable forthwith. Heard the learned counsel
for the parties.
The petitioners herein seek to grant additional increment in terms
of the Government Resolution dated 12.12.2000 which recognizes such right
to increment if a certificate in that regard is issued prior to 04.09.2018. It is
the case of the petitioners that each petitioner has been granted such
certificate prior to 04.09.2018 and hence they are entitled for additional
increment.
The learned counsel for the petitioners submits that the issue
raised in this writ petition has been considered in various writ petitions, one
of which is Writ Petition No.5670/2019 ( Narendra Onkarrao Bhandarkar
and ors. Vs. State of Maharashtra through its Secretary, Rural Development
and Water Conservation Department, Mumbai and ors.) decided on
02.12.2021. According to him, since it is not in dispute that each petitioner
has been granted such certificate as District Awardee Teacher before
04.09.2018, the relief prayed for in this writ petition ought to be granted.
The learned counsel for the respondents-Zilla Parishad seek time
to verify whether each petitioner has been awarded such certificate prior to
04.09.2018 and thereafter grant necessary increment within a stipulated
period.
Paragraph 4 of the order dated 02.12.2021 in Writ Petition
No.5670/2019 reads as under :
"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 12 th December,
2020. 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."
Accordingly this writ petition is allowed in terms of the aforesaid
paragraph. The Zilla Parishad shall act accordingly on receipt of copy of this
order.
Rule is made absolute in aforesaid terms. No costs.
(PUSHPA V. GANEDIWALA J.) (A.S.CHANDURKAR, J.)
Andurkar..
