Bombay High Court
Gajendra S/O. Balkrushan ... vs The State Of Maharashtra, Thr. ... on 26 April, 2023
Bench: A.S. Chandurkar, M. W. Chandwani
WP 1221-23 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1221/2023
1. Gajendra S/o Balkrushan Jawanjal, Age: 55 years,
Occu: Asst. Teacher, R/o C/o Zilla Parishad Upper
Primary School, Chikhankparsodi, Tah. Nagbhid,
Dist. Chandrapur.
2. Kamlesh Gopalrao Sawsakade, Age: 43 years,
Occu: Asst. Teacher, R/o C/o Zilla Parishad
Primary School, Thegaon, Tal. Saoli, Dist. Chandrapur.
3. Gangadhar Sonaba Gayakwad, Age: 44 years,
Asst. Teacher, R/o C/o Zilla Parishad Primary School,
Dhotiwada, Tal. Katol, Dist. Nagpur.
4. Dilip Wasudeo Paypare, Age: 51 years, Occu: Asst.
Teacher, R/o C/o Zilla Parishad Upper Primary
School, Shengaon, Tal. Chandrapur, Dist. Chandrapur.
5. Pramod Sadhuji Tupat, Age: 46 years, Occu: Asst.
Teacher, R/o C/o Zilla Parishad Primary School
Torgaon Buj. Tal. Bramhapuri, Dist. Chandrapur.
6. Vitthal Maroti Wansinge, Age: 51 years, Occu: Asst.
Teacher, R/o C/o Zilla Parishad Primary School
Chiroli, Tal. Mul, Dist. Chandrapur.
7. Jiwandas Parshuram Dongare, Age: 56 years,
Occu: Asst. Teacher, R/o C/o Zilla Parishad Primary
School Lonwahi, Tal. Sindewahi, Dist. Chandrapur.
8. Pramila Ravindra Dohurle, Age: 43 years,
Occu: Headmaster, R/o C/o Zilla Parishad Primary
School Khamona, Tal. Rajura, Dist. Chandrapur.
9. Arun Vasantrao Zagadkar, Age: 48 years, Occu:Asst.
Teacher, R/o C/o Zilla Parishad Primary School
Bh.Talodhi, Tal. Gondpipari, Dist. Chandrapur.
10. Hemant Jagannath Wagdarkar, Age: 59 years,
Occu: Asst. Teacher, R/o Zilla Parishad Primary
School Bhadrawati. Tal. Bhadrawati, Dist. Chandrapur.
11. Vaishali Padmanand Tumme, Age: 41 years, Occu. Sub.
Teacher, R/o C/o Zilla Parishad Primary School
Nanda, Tal. Korpana, Dist. Chandrapur.
12. Vishnu Ramdas Bade, Age: 40 years, Occu: Sub.
Teacher, R/o C/o Zilla Parishad Primary School
Nokari (BK), Tal. Rajura, Dist. Chandrapur.
13. Chanda Gajanan Dharne, Age: 54 years, Occu:Sub.
Teacher, R/o C/o Zilla Parishad Primary School
Dahelijini, Tal. Ballarpur, Dist. Chandrapur.
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WP 1221-23 2 Judgment
14. Lu.Archana Ramaji Nawaghade, Age: 47 years,
Occu: Asst. Teacher, R/o C/o Zilla Parishad Primary
School Chimur, Tal. Chimur, Dist. Chandrapur.
15. Ku.Diplaxmi Madhukar Kapkar, Age: 47 years,
Occu: Asst. Teacher, R/o C/o Zilla Parishad Primary
School Soit, Tal. Warora, Dist. Chandrapur.
16. Naresh Ramrao Bobhate, Age: 49 years, Occu:Asst.
Teacher, R/o C/o Zilla Parishad Primary School,
Vihirgaon, Tal. Rajura, Dist. Chandrapur. PETITIONERS
.....VERSUS.....
1. The State of Maharashtra, through its Secretary,
Municipal Administration, Mantralaya, Mumbai-32.
2. The Zilla Parishad, Chandrapur,
through its Chief Executive Officer. RESPONDENTS
________________________________________________________________
Shri P.S. Kshirsagar, counsel for the petitioners.
Shri A.A. Madiwale, Assistant Government Pleader for the respondent no.1.
Smt. B.P. Maldhure, counsel for the respondent no.2.
______________________________________________________________________
CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI, JJ.
DATE : APRIL 26, 2023.
ORAL JUDGMENT : (PER : A.S. CHANDURKAR, J.)
RULE. Rule made returnable forthwith and heard the learned
counsel for the parties.
2. The petitioners who are working with Zilla Parishad,
Chandrapur claim to have been selected to receive the District Award for
Teachers. They claim an additional increment with effect from the date of
their selection as District Awardee Teachers in view of the Government
Circular dated 12.12.2000. Since the petitioners have received the said
award on 05.09.2018 which is after the issuance of the Government
Circular dated 04.09.2018, they have been denied the benefit of one
additional increment.
WP 1221-23 3 Judgment
3. Perused the judgment dated 24.01.2023 in Writ Petition
Nos.94 of 2021 with connected writ petition [Waseem Farhat Khalil
Farhat & Others Versus State of Maharashtra & Others] which is relied upon
by the learned counsel for the petitioners to claim an additional increment
in view of the fact that their selection for the District Award is prior to
04.09.2018 but the certificate has been received after that date. On the
other hand, the learned counsel for the Zilla Parishad places reliance on
the decision in Writ Petition No.8165 of 2017 with connected writ petition
[Inayatullah Shafiullah Khan & Others Versus State of Maharashtra &
Others] dated 05.04.2018. Therein the monetary benefit was granted for
the period of three years prior to filing of the writ petition.
4. In the light of these contentions, we find that the case of the
petitioners is covered by the decision in Wasim Farhat Khalil Farhat &
Others (supra) inasmuch as they are entitled to receive additional
increment on account of their receiving the District Teacher Award. At
the same time, since this writ petition has been filed on 23.01.2023, they
would be entitled to receive such monetary benefit from 23.01.2020 and
onwards. Accordingly, for the reasons recorded in the decision in Wasim
Farhat Khalil Farhat & Others (supra), it is held that the petitioners are
entitled to receive one additional increment in terms of the Government
Circular dated 12.12.2000 from 23.01.2020. The benefits accordingly
shall be released to the petitioners within a period of three months from
today.
WP 1221-23 4 Judgment
5. The writ petition is disposed of in aforesaid terms. Rule
accordingly. No costs.
(M.W. CHANDWANI, J.) (A.S. CHANDURKAR, J.)
APTE
