Bombay High Court
Kailas Bhima Gunjal And Ors vs The State Of Maharashtra, Through ... on 13 December, 2023
Author: A.S.Chandurkar
Bench: A.S.Chandurkar
2023:BHC-AS:38230-DB
TRUSHA IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TUSHAR
MOHITE CIVIL APPELLATE JURISDICTION
Digitally signed by
TRUSHA TUSHAR
MOHITE
Date: 2023.12.19
WRIT PETITION NO. 6134 OF 2021
10:37:22 +0530
1. Kailas Bhima Gunjal
2. Somnath Pandurang Mhetre
3. Hanumant Shrirang Jadhav
4. Shivaji Vishu Jarag
5. Shailendra Vishnu Chikhale
6. Bebinanda Dattatray Sakat
7. Dattu Rama Sakat
8. Kondiba Soma Lande
9. Shivaji Dattu Sonawane
10.Navnath Shanrao Vharkat
11.Sumitra Shivajirao Ysane
12.Suhas Arjun Shintre
13.Prabhavati Appaso Bagi
14.Vimal Gundurao Chaougale
15.Sameer Dastagir Mulani
16.Sunil Vasant Sutar
17.Prakash Shankar Kankekar
18.Hindurao Rajaram Matale
19.Sambhaji Govind Patil
20.Sharadkumar Uttam Shete
21.Pradip Maruti Manjrekar
22.Ashok Maruti Somade
23.Manjiri Chandrashekar Dhavale
24.Dipak Sitaram Yadav
25.Pratibha Jatin Kadam
26.Smita Sudhir Malavade
27.Alka Tukaram Darekar
28.Namdev Sakharam Dhamane
29.Abba Namdev Londhe
30.Chandrakant Sahebrao Gaikwad
31.Sarala Shamrao Kame
32.Gajanan Namdev Payghan
33.Padole Santosh Kamkisan
34.Siddiqui Mohammad Irfan Sadulluah Mohd. Gaziuddin
35.Rajendra Shahurao Lad
36.Shivaji Ramrao Shinde
37.Dr. Suvarna Govind Jadhav
38. Dr.Ajay D. Mahajan
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39.Deshmukh Chandrakala Shivaji
40.Turevale Balaji Pandurang
41.Ramkrushna Kashiram Patil
42.Shravan Vaman Jadhav
43.Rajendra Kashinath Parhe
44.Gurudatta Govind Nimbale
45.Macchindranath Vasudev Patil
46.Sanjay Bhanudas Patil
47.Sunil Pitambar Patil
48.Khalil Fattu Tadavi
49.Vandana Bhagwantrao Theng
50.More Lata Shantaram
51.Mote Chaganla Khandu
52.Siddqui Ismail Teli
53.Dhyaneshwar Poonam Marathe
54.Devidas Shivaji Shevale
55.Sopan Gokulrao Khairnar
56.Chandrakant Krushnaji Mahajan
57.Balasaheb Karbhari Mahale
58.Devendra Tanaji Patil
59.Vilas Jagnnath Gavale
60.Nima Nathu Borse
61.Dipali Bhaskar Kumavat
62.Rajendra Bapurao Ugale
63.Chandrabhaga Punjaji Tupe
64.Bhausaheb Beljam Mokal
65.Shubhra Somnath Roy
66.Maya Suresh Gedam
67.Kirti Mukund Palatkar
68.Pakshbhan Tukaram Dhok
69.Vandana Dilip Badvaik
70.Manish Bharatkumar Shete
71.Prabhu Sitaram Vaidya
72.Rajendra Nikanthrao Ghugare
73.Kanchan Narayanrav Bokade
74.Khurshid Khan Bismilla Khan Pathan
75.Arvind Himmatrao Deshmukh
76.Narendra Omkarrao Bhandarkar
77.Ramesh Parabhakar Bobade
78.Narendra Divakar Kandurvar
79.Shrikrishna Balikram Dambalkar
80.Ajay Shriram Tale
81. Gopal Ramrao Mankar
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82. Purushottam Pundalik Zode
83. Suhasini Shridhar Gharade
84. Ganesh Bhagvat Sarve
85. Manohar Mangalji Meshram
86. Sudhakar Jagannath Madavi
87. Smita Sanjay Thakare
88. Smita Bahgwantrao Kokate
89. Uday Kamalakar Nandgaonkar
90. Radha Mohanrao Murkute
91. Deepak Rajaramji Raut
92. Archana Yadavrao Deshkar
93. Abdul Ghafoor Abdul Rashid
94. Ganesh Narsing Jadhav
95. Rathod Shivaji Dhenu
96. Sanjeevani Ganpati Jadhav
97. Sanjay Ramdas Sonawane
98. Sarjerao Dagadu Mate
99. Sunil Maruti Patil
100.Meera Rajaram Patil
101.Harishchandra Yadavrao Dhobale
102.Lata Shravan Sakharkar
103.Sudhakar Daulat Popate
104.Pradipkumar Shivprasad Meshram
105.Naresh Ratan Badwaik
106.Vasant Isram Dhande
107.Pravinkumar Muttanna Pullurwar ..... Petitioners
Vs.
1. The State of Maharashtra,
Through the Secretary,
School Education and Sports Department,
Mantralaya, Mumbai.
2. The State of Maharashtra
Through the Principal Secretary,
Department of Finance,
Mantralaya, Mumbai.
3. The Director of Education (Primary),
having its Office at Pune.
4. The Director of Education (Secondary),
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having its Office at Pune.
5. The Deputy Director of Education (Primary),
Pune Division, Pune.
6. The Deputy Director of Education (Secondary),
Pune Division, Pune.
7. The Deputy Director of Education (Primary),
Kolhapur Division, Kolhapur.
8. The Deputy Director of Education (Secondary),
Kolhapur Division, Kolhapur.
9. The Deputy Director of Education (Primary),
Mumbai Division, Mumbai.
10.The Deputy Director of Education (Primary),
Nasik Division, Nasik.
11. The Deputy Director of Education (Secondary),
Nasik Division, Nasik.
12.The Deputy Director of Education (Primary),
Latur Division, Latur.
13.The Deputy Director of Education (Secondary),
Latur Division, Latur.
14. The Deputy Director of Education (Primary),
Aurangabad Division, Aurangabad.
15. The Deputy Director of Education (Secondary),
Aurangabad Division, Aurangabad.
16. The Deputy Director of Education (Primary),
Amravati Division, Amravati.
17. The Deputy Director of Education (Secondary),
Amravati Division, Amravati.
18. The Deputy Director of Education (Primary),
Nagpur Division, Nagpur.
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19. The Deputy Director of Education (Secondary),
Nagpur Division, Nagpur.
20. The Chief Executive Officer,
Pune Zilla Parishad, Pune.
21.The Chief Executive Officer,
Kolhapur Zilla Parishad, Kolhapur.
22. The Chief Executive Officer,
Nashik Zilla Parishad, Nashik.
23.The Chief Executive Officer,
Sindhudurg Zilla Parishad, Sindhudurg.
24.The Chief Executive Officer,
Satara Zilla Parishad, Satara.
25.The Chief Executive Officer,
Ratnagiri Zilla Parishad, Ratnagiri.
26.The Chief Executive Officer
Ahmednagar Zilla Parishad,
Ahmednagar
27.The Chief Executive Officer,
Aurangabad Zilla Parishad, Aurangabad.
28.The Chief Executive Officer,
Hingoli Zilla Parishad, Hingoli
29. The Chief Executive Officer,
Beed Zilla Parishad, Beed.
30. The Chief Executive Officer,
Latur Zilla Parishad, Latur.
31.The Chief Executive Officer,
Jalgaon Zilla Parishad, Jalgaon.
32. The Chief Executive Officer,
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Dhule Zilla Parishad, Dhule.
33. The Chief Executive Officer,
Gadchiroli Zilla Parishad, Gadchiroli.
34. The Chief Executive Officer,
Yavatmal Zilla Parishad, Yavatmal.
35. The Chief Executive Officer,
Chandrapur Zilla Parishad, Chandrapur.
36. The Chief Executive Officer,
Nagpur Zilla Parishad, Nagpur.
37. The Chief Executive Officer,
Bhandara Zilla Parishad, Bhandara.
38. The Chief Executive Officer,
Wardha Zilla Parishad, Wardha.
39. The Chief Executive Officer,
Washim Zilla Parishad, Washim.
40. The Chief Executive Officer,
Parbhani Zilla Parishad, Parbhani.
41. The Chief Executive Officer,
Nanded Zilla Parishad, Nanded.
42.The Chief Executive Officer,
Akola Zilla Parishad, Akola.
43.The Chief Executive Officer,
Sangli Zilla Parishad, Sangli.
44. The Chief Executive Officer,
Gondhiya Zilla Parishad, Gondhiya. ..... Respondents
Mr.Suresh Pakale, Senior Advocate a/w Mr.Nilesh Desai i/b Mr.S.M.Katkar
for the Petitioners
Mr.N.C.Walimbe, Addl. G.P. a/w Mr.V.M.Mali, A.G.P. for the Respondent -
State
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CORAM: A.S.CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ.
DATED : 13th DECEMBER 2023
ORAL JUDGMENT (PER : A.S.CHANDURKAR, J) :
1. Rule. Rule made returnable forthwith.
2. Heard the learned Counsel for the parties.
3. Each Petitioner (Other than Petitioner Nos.53, 73 and 99 to 107)
claim to have received State / National Award prior to the issuance of G.R.
dated 4th September 2018. On that basis, the Petitioners (Other than
Petitioner Nos.53, 73 and 99 to 107) claim entitlement to two advance /
additional increments.
4. The issue raised in this Writ Petition has been considered and
decided in Writ Petition No.1954 of 2018 (Urmila Dattatraya Gaikwad &
Ors. vs. The State of Maharashtra & Ors.) on 25th January 2019. By the said
order, the Respondents were directed to verify as to whether the
Petitioners have received the State / National award prior to 4 th September
2018. After verifying this aspect, the Petitioners were held entitled to
receive such additional increments. In accordance with this order, the
present Writ Petition is disposed of by directing the Respondents to verify
as to whether the Petitioners (Other than Petitioner Nos.53, 73 and 99 to
107) have received the State / National Award prior to 4 th September
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2018.
5. If it is found that the Petitioners (Other than Petitioner Nos.53, 73
and 99 to 107) have received such award prior to the issuance of the
aforesaid G.R., they would be entitled to the benefit of additional
increment in accordance with the policy of the State Government. The
entire exercise to be completed within a period of six months of receiving
copy of this order.
6. Insofar as Petitioner Nos.53, 73 and 99 to 107 are concerned, they
too claim entitlement to two advance / additional increments in terms of
G.R. dated 4th September 2014. The issue raised in this regard has been
considered and decided in Writ Petition No.13440 of 2017 (Ananta
Sakharam Jadhav & Ors. vs. The State of Maharashtra & Ors.) on 9 th June
2022. Hence, similar direction is issued to verify as to whether Petitioner
Nos.53, 73 and 99 to 107 have received State / National award prior to 4 th
September 2014.
7. Accordingly, the Respondents shall examine whether Petitioner Nos.
53, 73 and 99 to 107 have received the State / National award prior to 4 th
September 2014. After verifying this aspect, if it is found that they are
entitled to the benefit of G.R. dated 4 th September 2014, they shall be
granted the additional increments in accordance with the policy of the
State Government. The entire exercise be completed within the period of
six months of receiving copy of this order.
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8. Rule is disposed of in aforesaid terms. No order as to costs.
(FIRDOSH P. POONIWALLA, J.) (A.S.CHANDURKAR, J.)
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