Prafullakumar Charandas Nagrale vs Zilla Parishad, Chandrapur Thr. ...
2023 Latest Caselaw 5448 Bom

                                     1/4                     53.wp.828.23-J.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR


                                WRIT PETITION NO. 828/2023


      Prafullakumar Charandas Nagrale,
      Aged about 59 years, Occ. Retired,
      R/o. Ward No.1, Rajura, Dist. Chandrapur.            ----PETITIONER

                VERSUS
1.    Zilla Parishad, Chandrapur through its
      Chief Executive Officer, Chandrapur,
      Tq. and Dist. Chandrapur.

2.    Education Officer (Primary),
      Zilla Parishad, Chandrapur,
      Tq. and Dist. Chandrapur.

3.    Chief Accounts and Finance Officer,
      Zilla Parishad, Chandrapur,
      Tq. and Dist. Chandrapur.                            ----RESPONDENTS

Ms M. Z. Haq, Advocate h/f. Mr. A. R. Deshpande, Advocate for Petitioner.
Mr. B. P. Maldhure, Advocate for Respondent Nos.1 and 2.


       CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
       DATED         : JUNE 12, 2023


JUDGMENT (PER : MRS.VRUSHALI V. JOSHI, J.)

1. Rule. Rule made returnable forthwith and heard finally by

consent of the learned Counsel for the parties.

2. By this writ petition, the petitioner seeks to set aside the order

dated 23.02.2022 issued by respondent No.3 directing recovery of amount

2/4 53.wp.828.23-J.odt

of Rs. 2,67,926/- which has resulted in withdrawal of benefit of additional

increment and also the petitioner prays for fixation of pay by applying the

additional increment received by the petitioner as a District Awardee

Teacher and benefits of the said increment be made applicable in pension

and all retirement benefits.

3. The District Teacher Award is granted to the petitioner by

Zilla Parishad on the District level on Teacher's Day on 05.09.2006. The

Rural Development and Water Conservation Department, Mantralaya,

Mumbai vide Circular dated 12.12.2000 prescribed that the Awardee

Teachers are entitled for one advance increment as per Clause 12 of the

aforesaid Circular and it is made clear that this increment is different than

the annual increment of the employee. The General Administrative

Department of Government of Maharashtra by Government Resolution

dated 24.08.2017 had decided that the benefit of advance increment

should not be given during the period in which the revised pay scale is

made applicable as per 6th pay Commission. This was with respect to the

advance increment to the employees for their best services. Thereafter, by

Circular dated 04.09.2018 published by the Rural Development

Department, Government of Maharashtra and it was decided to delete

Clause 12 of Government Resolution dated 12.12.2000. As per 6 th Pay

Commission, the benefit of one advance increment to the Awardee Teacher

3/4 53.wp.828.23-J.odt

is stopped, the Finance Department had taken an objection for payment of

one advance increment to the petitioner for the period 01.09.2006 to

30.11.2021 and therefore, the Department has recovered the excess

payment of Rs.2,67,926/- from the petitioner.

4. Upon consideration of the Government Resolution dated

04.09.2018 and also the Government Circular dated 12.12.2000, we see

no reason to strike a different note in the matter. As the Aurangabad

Bench of this Court took a view that the Government Resolution dated

04.09.2018 does not have any retrospective effect and could not be given

any retrospective effect. The deletion would take effect from 04.09.2018

and would not adversely affect the claims of the eligible District Awardee

Teachers for grant of additional increment in addition to their entitlements

as regards their regular increments. There is no clause either in the

Government Resolution dated 04.09.2018, expressly stating that deletion

of Clause 12 of the Government Circular dated 12.12.2000 shall be with

retrospective effect. Such express terms are not to be found in Government

Resolution dated 04.09.2018 and we would reiterate this Government

Resolution has no retrospective effect. So, we are of the view that the

petitioner is entitled to have the benefit of one increment. The

petitioner being District Awardee Teacher having been awarded certificate

prior to 04.09.2018 is entitled for the additional increment and the

4/4 53.wp.828.23-J.odt

recovery made by the respondent is illegal. We, therefore, allow the writ

petition and pass the following order :

ORDER

i. The recovery of amount of Rs.2,67,926/- is set aside.

ii. The respondents are directed to repay the aforesaid amount

to the petitioner within a period of eight weeks from receiving

the copy of the judgment.

iii. The petitioner would be entitled to necessary consequential

benefits that will follow with the repayment of the amount

recovered.

5. Rule is made absolute in the aforesaid terms. No costs.

(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

RGurnule .