Bombay High Court
Kiran W/O Vijay Gotmare vs Zilla Parishad, Nagpur Through ... on 7 March, 2022
Bench: A.S. Chandurkar, Mukulika Shrikant Jawalkar
12-J-WP-3990-19 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.3990 OF 2019
Kiran W/o Vijay Gotmare,
Aged about 60 years, Occ. Retired,
R/o C/o Vijay Gotmare, Plot No.44,
Koradi Road, Near Modern School,
Bokhara, Koradi Colony, Nagpur ... Petitioner
Vs.
1. Zilla Parishad, Nagpur,
Through its Chief Executive Officer,
2. Zilla Parishad, Nagpur,
Through its Education Officer (Primary), ... Respondents.
Shri N. S. Warulkar, Advocate for petitioner.
Shri S. N. Gaikwad, Advocate for respondents.
CORAM : A. S. CHANDURKAR AND M. S. JAWALAKAR, JJ.
DATE : March 07, 2022
Oral Judgment (Per : A. S. Chandurkar, J.)
Rule. Rule made returnable forthwith and heard the learned counsel
for the parties.
The petitioner claims to be Zilla Adarsha Shikshak Puraskar Awardee
having received such award on 05/09/2005 which is prior to 04/09/2018.
It is her case that in view of Government Circular dated 12/12/2000 she is
entitled for an additional increment in addition to regular increments. It is
submitted that another teacher namely Shri Suresh Kisan Kalbande who had
also awarded Zilla Adarsh Shikshak Puraskar on 05/09/2005 has been
granted an additional increment by the Chief Executive Officer vide order
12-J-WP-3990-19 2/3
dated 06/08/2007. The petitioner made several applications requesting
the Zilla Parishad for being granted such additional increment however
neither any decision has been taken on her applications nor she has been
granted such benefit of additional increment till her retirement on
31/07/2017. The learned counsel for the petitioner submits that similarly
placed Assistant Teachers from Zilla Parishad, Gondia had preferred Writ
Petition No.5421/2018 (Hariram Keshorao Yelane and ors. vs. State of
Maharashtra, Thr. Its Secretary Rural Development & Water Conservation
Dept. and ors.) seeking similar relief and the same was granted by this Court
on 14/02/2019. The petitioner therefore prays that similar relief as granted
in the aforesaid writ petition be granted to her.
2. In reply, the learned counsel for the Zilla Parishad submitted that
the entitlement of the petitioner to receive such additional increment would
be required to be considered by the Zilla Parishad. Such directions
were infact issued while deciding Writ Petition No.5421/2018.
3. We find that the petitioner is similarly situated as the petitioners in
Writ Petition No.5421/2018 which pertains to Zilla Parishad Gondia. We
are therefore inclined to follow the directions issued by this Court in that writ
petition. Accordingly for reasons recorded in aforesaid judgment, the
following order is passed :
12-J-WP-3990-19 3/3
The respondents/Zilla Parishad after satisfying itself about the
petitioner being awarded Zilla Adarsh Shikshak Puraskar having been
awarded such certificate prior to 04/09/2018 shall consider the case of the
petitioner for grant of additional increment as is laid down under the
Government Circular dated 12/12/2000. The same shall be considered on
merits by considering the judgments rendered in all the applicable cases as
expeditiously as possible and preferably within a period of six months.
Rule is made absolute in aforesaid terms with no order as to costs.
(M. S. Jawalkar, J. ) (A. S. Chandurkar, J.)
Asmita
Digitally signed byASMITA
ADWAIT BHANDAKKAR
Signing Date:08.03.2022
18:02:25
