Bombay High Court
Anil Bapurao Khakse And Others vs State Of Maha. Thr. Secretary, ... on 21 January, 2022
Bench: A.S. Chandurkar, Pushpa V. Ganediwala
22-WP-3393-2021.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3393 OF 2021
1. Anil Bapurao Khakse,
aged about 57 years, Occ. Service,
R/o Nehru Nagar Dhamangaon Railway,
District Amravati.
2. Siddharth Ramraoji Ramteke,
aged about 56 years, Occ. Service,
R/o Kamble Layout, Mankarna Nagar,
District Amravati.
3. Minakshi Deepakrao Mahalle,
aged about 59 years, Occ. Retired,
R/o Professor Colony, Balaji Nagar, Paratwada,
Tq. Achalpur, District Amravati.
4. Dildar Aptaap Shah,
aged about 58 years, Occ. Retired,
R/o At Po. Shivangaon, Tah. Tiwasa, District Amravati.
5. Bhaskar Natthuji Dabhade,
aged about 54 years, Occ. Service,
R/o Milind Colony, near Pathyapustak Mandal,
District Amravati.
6. Pradeep Hargovind Bante,
aged about 52 years, Occ. Service,
R/o At Po. Pethe Nagar, Dhamangaon Railway,
Tq. Dhamangaon Railway, District Amravati.
7. Vijay Motiramji Sagle,
aged about 50 years, Occ. Service,
R/o Nidhi Sakshi Apartment,
Plot No. 103, Wadali Naka, District Amravati.
8. Chaaya Raman Deshmukh,
aged about 53 years, Occ. Service,
R/o Brahman Sabaha Colony, Paratwada,
Tq. Achalpur, District Amravati.
22-WP-3393-2021.odt 2
9. Krushna Shankarrao Nichat,
aged about 50 years, Occ. Service,
R/o Kholeshwar Chowk, Sirajgaon Kasba,
Tq. Chandur Bajar, District Amravati.
10. Nila Sanjay Gulhane,
aged about 53 years, Occ. Service,
R/o Behind Hero Showroom, Amravati Road,
Devmali, Paratwada, Tq. Achalpur, District Amravati.
11. Jayprakash Sundarnarayan Chithore,
aged about 56 years, R/o At Sindhi Po. Pathrot,
Tq. Achalpur, District Amravati.
12. Kanta Balaji Mate,
aged about 45 years,
C/o Prabhakar Upasrao Gaykki,
R/o Pradhnya Colony, Simbhora Road,
Morshi, Tq. Morshi, District Amravati.
13. Rajesh Ratanlal Gupta,
aged about 48 years, Occ. Service,
R/o Vrundavan Kavita Road, Kandali,
Paratwada, Tq. Achalpur, District Amravati.
14. Nandkumar Madhukarrao Bhakre,
aged about 57 years, Occ. Service,
R/o Govind Nagar, Kathora Road,
V.M.V., Amravati.
15. Suresh Babarao Bhuyar,
aged about 55 years, Occ. Service,
R/o Arjun Nagar, Medical Colony, Amravati.
16. Vinayak Janrao Lakde,
aged about 48 years, Occ. Service,
R/o At Po. Bhatkuli, District Amravati.
17. Archana Motirao Mahore,
aged about 49 years,
C/o Sudhir M. Dhole,
R/o At Po. Loni, Tq. Warud, District Amravati.
22-WP-3393-2021.odt 3
18. Ashok Shyamravji Datir,
aged about 57 years, Occ. Service,
R/o Gajanan Nagar, Navi Vasti, Badnera.
...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,
Amravati Division, Amravati,
Tq. and District - Amravati.
4. Zilla Parishad, Amravati,
through its Chief Executive Officer, Amravati,
Tq. and District - Amravati.
5. Education Officer (Primary),
Zilla Parishad, Amravati,
Tq. and District - Amravati.
...RESPONDENTS
Mr. A.R. Deshpande, Advocate for the petitioners.
Ms. H.N. Jaipurkar, A.G.P. for respondent Nos. 1 to 3.
Mr. S.S. Shinde, Advocate for respondent Nos. 4 and 5.
.....
CORAM : A.S. CHANDURKAR AND
PUSHPA V. GANEDIWALA, JJ.
DATED : JANUARY 21, 2022.
ORAL JUDGMENT (PER : PUSHPA V. GANEDIWALA, J.) :
Rule. Rule made returnable forthwith. Heard finally
by consent of the learned counsel for the respective parties.
2. The petitioners are the employees of Schools in
Zilla Parishad, Amravati, and have been selected as the District
Awardee Teachers in different years up to 2017 and some of
them are retired by now. By way of the present petition, the
petitioners are seeking directions to grant benefit of one
additional increment to them with effect from the date of their
selection for District Teacher Award as per the Government
Circular dated 12/12/2000. Further directions are sought to
release the arrears of the said benefit to the petitioners along
with interest.
3. Mr. Deshpande, learned counsel for the petitioners,
submitted that the issue involved in the present Writ Petition is
covered by the judgment passed by this Court in Writ Petition
No. 5419/2018 decided on 14/02/2019 (Sanjay Ramkrushan
Waghmare & Ors. Vs. State of Maharashtra & Ors.) and other
connected matters, wherein this Court followed the view taken
by the Aurangabad Bench of this Court in Writ Petition No.
1954/2018 decided on 25/01/2019 that the Government
Resolution dated 04/09/2018 cannot be interpreted to be
issued with any retrospective effect. It is further held that the
petitioners are entitled to the benefit of grant of advance
increment in terms of the Government Circular dated
12/12/2000 from such dates as would be applicable to them
and determined to be so on merit of each of the individual
matter by the Zilla Parishads.
To the objection raised on behalf of the Zilla
Parishads that most of the petitioners approached this Court
belatedly, and therefore, if any benefit of Clause 12 of the
Government Circular dated 12/12/2000 is to be given, it
cannot be permitted to be conferred upon them for a period
which is more than three years computed in a reverse manner
from the date of filing of the petitions, this Court observed that
in that case, it would be for the authorities to take appropriate
decision on individual basis in the matter by taking into
consideration not only the judgment dated 05/04/2018 of this
Court in Writ Petition Nos. 8165/2017 and 8170/2017 but also
other applicable judgments as expeditiously as possible and
preferably within a period of six months.
4. We do not see any good ground to take a different
view in the matter. Hence, the Writ Petition is allowed in terms
of the judgment dated 14/02/2019 in Writ Petition No.
5419/2018. Needless to state that in case, any recovery has
been affected by the Zilla Parishad, the amount recovered shall
be reimbursed to the respective petitioners within time frame
stipulated hereinabove.
5. Rule is made absolute in the aforesaid terms with
no order as to costs.
(JUDGE) (JUDGE)
******
Sumit
Digitally signed bySUMIT CHETAN
AGRAWAL
Signing Date:29.01.2022 13:12
